On Criteria For Selection Of Criminal Elements

The judgment and evaluation of behaviors in criminal field contains two aspects, namely criminal constitution and criminal liability. The estimation standard of crime is the criminal constitution system, which is composed of criminal elements that have been chosen, classified, grouped and interpreted by legislators. What criteria legislators rely on when deciding how and why some factors would be chosen and combined into the system while others not. Answers, in the position of legislators, to the question shall weaken or strengthen the justice of a statutory criminal law fundamentally, and they are truly the criteria for selection of criminal elements.This dissertation aims to clarify that how legislators should choose elements from sorts of factors irrelevant to the law and create an evaluation system through them. The dissertation makes the golden principle in criminal filed, the prescribed punishment for a specified crime, as reference and motive, and gets comparison from selection of requisites. The core definition of the issue is"the essence of crime"and decisive rule, describable rule, classifiable rule and pragmatic rule are four sub-level rules derived from either or both of two aspects of the core definition. The dissertation then makes introspections about the rules above in the perspective of philosophy, whether of criminal law or of the whole legal system, and poses some thoughts about issues in criminal fields as well.