论犯罪构成的结构与功能

Analysis of the constitution of crime should be conducted at three levels: elements, structure and function. At the level of elements, the four constitutive elements system in China, the three-level system in continental law countries and the two-level system in Anglo-American law countries share basically the same contents; at the structural level, the Chinese system of constitutive elements of crime is a closed structure, whereas the continental and common law systems of constitutive elements are open structures. At the functional level, the closed structure of constitutive elements of crime has only the function of describing the crime whereas the open structures of constitutive elements of crime have also the function of logic guidance, which directly determines the degree of realization of the functions of the criminal law, namely the safeguarding of human rights and the protection of the society.