Crime Constitutes A System Theory

The constitutional system of crime is based on its attributes, which provoke different opinions in the academic field. The constitution of crime works as a measure, the criterion and scale of conviction. A statutory constitution operates as the foundation of principle of legally prescribed punishment for a specified crime, and is its indispensable requisite as well.With the determination of attributes, the constitutional construction needs to proceed from patterns, which indicates the transformation of the conventional mode of thinking. Characterized by its systematicity, integrity, dynamically, the three-dimensional thinking can eliminate the one-sidedness of the conventional one or two-dimensional mode. Moreover, it studies the criminal law as a whole, which realizes the integration of criminal law, an inevitable outcome, result of its utilization in the field. When dealing with specific constitutional construction of crime, the theory of integration under 3-D thinking guidance refers to the unity of procedural and substantive laws within the system, which provides reasonable framework for its construction.As the theoretical starting point of the system, constitution of crime lays the foundation, and more importantly, it serves as a thinking mode that guides the statutory conviction. It ought to meet the convicting criterion in judicial practice. The judicial procedure is a combining course of procedural and substantive laws. The constitutional system of crime should consist of the procedural law and the substantive law. The introduction of the right to defense into the system materialized the organic combination of judicial logic with judicial personnel's thinking logic in trying. Specifically, it materialized the integration of criminal substantive law with criminal procedural law in 3-D thinking mode, which embodies the system's dynamicality and sufficiently represents the entire convicting process; thus the specific judicial function of prosecutor, defendant, and judge is fully reflected, the modern judicial structure is also demonstrated. It also promotes the judicial personnel's devotion to their work and duty, and facilitates the resolution of contradiction between formal rationality and essential rationality. It is a demonstration of the humanitarianism in criminal law, whichhelps to win the defendant's acceptance.The right to defense occupies its own place in both two-level and progressive constitutional system of crime. The former introduces the right by means of legalized in proper ways, while the latter makes negative provisions through illegally or obligationarily obstructing items. They all introduces the substantive defending arguments into the system, which is a dynamic reflection of the convicting process, and more importantly, it ultimately realizes the harmonious unity of safeguarding human rights and protecting society.China's plane (2-D) coupling constitutional system of crime bears a direct connection to the USSR's, while the latter is based upon the studying, absorbing, and criticizing of the continental law system, thus the transformed system encountered a series of problems resulting from its irrationality—the lack of the right to defense. The four elements of our plane coupling system share no logic order, which results in the isolation between the thinking logic and the judicial logic on the part of the judicial personnel. The staticity and dereism of our plane coupling system brought about the defects of over-extensive convicting and "easy convicting while hard defending"; in terms of the external circumstances of the system, they entrap the judge's power of interpretation concerning the application of the criminal law into a rather awkward situation. The emergence of the issues mentioned above associate closely with our nation's traditional thinking mode, concept of the criminal law value, and the specific judicial pattern in our country.In conclusion, by means of the comparison between, and the analysis of the two-level and the progressive constitutional system of crime, we know that the right to defense is the key element to both. The introduction of the right to defense Its introduction into the constitutional system is not only an important procedure in the transformation of thinking mode, but also a decisive step in the realization of the criminal integration by the elimination of barriers between the procedural and the substantive laws. It is reasonable to say that the introduction of the right to defense is an inevitable fact in the constructing process of the constitutional system of crime.