Research On Normative Elements

The normative elements are a concept in constitution of a crime.The criminal constitution theory is the core of the crime theory system of criminal law.It has always been the “darling” of the criminal law academic discussion and research.Normative elements are generated and developed with this theory.Compared with the upsurge of scholars studying the theory of crime construction,the discussion of the normative elements are rather deserted.However,this does not mean that this concept is not important.With the development of society and the continuous progress of scientific theories,scholars have begun to pay attention to this concept,discovered its importance,and set out to discuss and study this concept.At present,the criminal law community has achieved certain results in the study of the normative elements.Theory and practice are complement each other.Criminal judicial practice has a basic role in the development of criminal law theory.The development of criminal law theory will often guide judicial practice.In the process of theoretical research,there are different views on the normative elements from concepts,characteristics to classification,and cognitive factors.In the process of judicial practice,there have been happened some cases such as “The sky-high Grape Case”and “Tianjin Granny's Air Gun Case”and “Pilots Landing Misuse of National Key Protected Plants”and other cases drawing highly attention in our society.Scholars in different fields have different perspectives on these cases,and the same scholars who are engaged in the study of criminal law pay different attention to different perspective of criminal law.The different perspectives of criminal law theory are also different.From the point of view of crime formation,we can find out the root cause of these controversies——the determination of elements of crime constructional elements,especially the normative elements,and ultimately cause our attention and consideration of the elements.This article further understands and discusses the related issues arising from this concept through the interpretation of the current theoretical research results of the normative elements of the criminal law community and the lively cases that occurred in practice.The article is mainly divided into four parts: The first part is the summary part of the normative elements.The necessity of the existence of this concept is explored through the legal basis,connotation,and the essential significance of the normative elements.The second part is the classification of the normative elements.This issue is one of the issues that the theory has discussed with a high degree of heat.Through the analysis and understanding of various theories presented in the theoretical community,we found that the classification criteria are more reasonable.The third part is the problem of the cognitive factors of the normative elements.Actors do not need to understand the elements of the specification,and they need to recognize the extent to which they have been puzzled by the theoretical and judicial circles.Through analysis,find a more reasonable strategy to solve this problem.The fourth part is a reflection of the theory of the normative elements.Through the horizontal overview,classification,and analysis of cognitive factors,we look at the problems in the theory and practice in the longitudinal direction,and then put forward some reasonable insights.