| Abstract: | Crime identification is a dynamic process of value judgment. Judicial syllogism is the logical embodiment of this process. In the process of seeking for the major premise,determining the minor premise and the size premise, the theory of criminal constitution can not play a practical role, because there is no correlation between the crime identification and the theory of criminal constitution, and then, what kind of criminal constitution theory system should be adopted that does not affect the result of crime determination. The theory of criminal constitution is only the result of theoretical interpretation and system construction of the content of the crime stipulated in criminal law. As the conclusion of interpretation, it is decided by the foresight of the object and the subject of the interpretation. If the criminal law is unchanged, different theoretical systems of constitution of crime are just different interpretations choose made by different subjects from different logical premises. |
