Perfection Of China's Constitution Of Crimes

As the core of the theory of crime, the theory of the constitution of crime is also an important part in the criminal law theory. The constitution of crimes is not only a concept of the criminal entity law, but also means a lot in the procedural law. The characters in the aspects of content, system and function of the western countries' constitution of the crime mean a lot when we try to perfect it in China. Meanwhile, the characters mean a lot in the criminal procedural law. When we judge if the system of constitution of crimes is perfect or not and how to perfect it, we should do them from the angle of criminal procedure practice, for the function of the criminal constitution is to provide a guide for procedural proof. After the analysing of the relations between constitution of crimes and criminal procedure, we should perfect it in some aspects, finally we get a system of constitution of crimes with enough factors and reasonable system.About how to perfect the constitution of crimes in China, this paper discusses in the aspects thereinafter:Part one discusses the basic issues of the theory of constitution of crimes. Based on the method of history review, it is found that the theory of constitution of crimes was gradually evoluting and developing. Then on the introduction of representative theories of the constitution of crimes in three law systems, this part compares different theories in three aspects: contents, systems and function.Part two discusses the relations between the constitution of crimes and the criminal procedure. Based on the function of the constitution of crimes, through the analysis in dynamic aspect and static aspect, the meaning of the constitution of crimes in the criminal procedure is clarified. Then from the angle of the needs of the criminal procedure, the constitution of crimes is required in two aspects.Part three discusses the presumption function in two law systems and its meaning to criminal procedure, including the aspects of responsibility allotment and the standard of proving. Finally this part comes to a conclusion about how to perfect the constitution of crimes.Part four scans the constitution of crimes in the angle of proving in the criminal procedure, including the analysis in two aspects: the objects of proving and responsibility allotment, finally the paper points out the dificiency of the constitution of crimes in China.Part five comes to a conclusion about how to perfect the constitution of crimes in China, including the aspects of contents and system.