| Implementation the principle of a legally prescribed punishment for a specific crime is the most important starting point of the theory of "three constitutive elements", whose aim is to establish the constitution of statutory crime and whose most important characteristic is to take the fact of a crime as a whole. All these have determined its basic theoretical characteristics of taking the form of legal annotation, conforming to the thinking of judicial determination, and being confined to the constitution of statutory crime. On the other hand, the theory of "four constitutive elements" is aimed at establishing the constitution of natural law crime. As a result, it takes the existing phenomena of crime as the starting point and relies on the structure of criminal act to reveal and understand the legal factors of crime. The two theories that elaborate the constitution of crime from different angles are not necessarily contradictory to each other. Rather, they may benefit from each other. The problem faced by us is not how to choose one of these two theories and discard the other, but how to seek the pluralistic development of the theory on the basis of clarifying the orientation, style, and function of the theory. |
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