| The theory of the constitution of a crime in China is formed basing on an organic unification of subjectivity and objectivity. From the viewpoint of comprehensive connection in Marx’s dialectical materialism, the organic unification of subjectivity and objectivity results in various relationships among essential subjective and objective elements. Therefore, the constitutive elements of a crime are all in a plane and there exists no hierarchical level among them.This theoretical system is harmful in criminal law theory and judicial practice. Such a system emphasizes the unification of subjectivity and objectivity, but it is tremendously challenging to implement it. It is considerably paradoxical in logic, falling into the category of typical tautology. Besides, it is commonly considered that the subjective elements are superior to the objective ones, which leads to the fact that the subjectivist conclusion is usually drawn in the name of integrating subjectivity and objectivity in conviction. Further, subjective judicial thinking of conviction results in incrimination. It can not solve efficiently a variety of practical problems, such as distinguishing perpetrators from instigators or accomplice, determination of indirect principle offenders and commencement, disposal of accidental defense, and application of specific crimes. In addition, it leads to confusion and other problems in layer and nature of the subjective and objective elements in the criminal law in China.Thus this system faces the destiny of end because of the various problems mentioned above. In subjective and objective values, Chinese criminal law should choose objectivism rather than subjectivism. Because the sequence of criminal facts determines that the system of criminal constitution should be from objectivism to subjectivism. Meanwhile, the feature of the penalty of criminal law also determines the same superiority. Considering the trend of combining violation and culpability with conformity with the constitution in the modern criminal theory, establishing a two-tier theoretical system with violation and culpability should be most efficient way to attack the plane system of criminal constitution. |
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