| There is a phenomenon of taking crime title as the discussion platform in the research of criminal law in China, which has caused many confusing problems in quantity of crime, mistake, mens rea, etc. The titles of crimes in China are determined by judicial interpretations, which do not strictly follow the principle of "one crime constitution, one title", but make extensive use of the method of "one sort of crime constitution, one title". Therefore, crime title and crime constitution in China are not always in one-to-one correspondence, "multiple crimes, one title" is a prominent feature of China's crime title system. It's necessary to strictly distinguish crime constitution from crime title, and abandon the approach of taking crime title as the discussion platform in criminal law research. The object of criminal law research is crime. Therefore, the center of the discussion platform of criminal law is crime constitution, not crime title. Accordingly, the basic unit of analysis in criminal law is "a crime constitution" rather than "a crime title". The "crime" in the "quantity of crime" refers to crime constitution rather than crime title. If an offense meets several crime constitutions under one title, we should make full use of the principle of prohibition against double evaluation and the requirement for overall evaluation to assess the quantity of crime. A concrete mistake refers to "a mistake within a crime constitution", rather than "a mistake within a crime title". The discussion of the form of mens rea should be based on crime constitution rather than crime title. |
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