In -depth discussion with the discussion of the crime theory，The deliberate level problem becomes one of the fierce controversy。Zhang Mingkai believes that intentional belonging to the responsibility should be located at the crime class，Liu Yanhong is based on the theory of value without value.。but，La Dongyan believes that it is an illegal element that intentionally belongs to the criminal，Jiang Su、Cai Guisheng believes that it should be acknowledged that it should be a constituent element、Double positioning of guilt。and，Japanese scholar Maeda Yaying、Zeng Gen Weiyan believes that intentional belongs to the elements of responsibility, but it can be put on the constituent elements for review。So，The debate about the intentional level of the intentional level mainly focuses on the following two issues: First, intentionally belongs to illegal elements or crime elements，Still belongs to both illegal elements and elements of guilt。Second, the effectiveness of the hierarchical system of the element of the element and the effectiveness of the hierarchical system that deliberately used as the element of the crime。

　　bet365 Play online games

illegal evaluation objects are only objective external facts，still includes an objective external facts，also includes subjective inner facts，Disputes of academic circles。Under different criminal system，illegal evaluation objects bet365 Play online games are not the same。Looking at it specifically，There are three different perspectives。

First，The illegal evaluation of the classical criminal theory system is objective external facts。Classical Crime Theory System Considering，Illegal is objective，Responsibility is subjective。Experience、Under the influence of natural science，Belin、Liszt, I think，Only acts that can be perceived by the outside world、Object、Results, etc. are illegal。After the neo -classical system subsequent acknowledged illegal elements (illegal purpose, etc.)，But the object of illegal evaluation is still mainly objective external facts。

Second，The priority consideration of the illegal evaluation object under the purpose of the crime system is subjective inner facts。Welzer Based on purpose -based behavior,，Crime is the purpose of behavior of behavior，Handicrafts have the function of building behavior，The possibility of human will of a person determines illegal orientation，So，intentional as a behavioral element belongs to the constituent element。Although the purpose of the purpose of the purpose cannot be explained reasonably、Inaction and questioned，But it has a strong explanation for intentional crimes。Although the theory of purpose behavior is abandoned，But intentional belonging to the illegal element stays in the constituent element class。

third，The priority consideration of the illegal evaluation target under the system of functional crime theory is objective external facts。Rocksin will introduce objective attribution Bet365 app download theory to the constituent elements，This theory becomes a substantive constituent element theory，Covering behavior、Results and judgments of causality。and，Rocksin explains "whether the will of human will" through "whether it is possible to infringe the law and interest"。So，The illegal evaluation target of a functional crime system based on the theory of objective attribution is objective.。，Because the system recognizes subjective composition requirements，Its illegal evaluation objects also include subjective inner facts。

　　The basis for intentional belonging to illegal elements

The intentional level of intentional as a criminal depends on the intentional qualitative。If it belongs to illegal elements，It should be located in the constituent element class。For this，The author believes that the intention of intention to be criminal belongs to factuality and intentional，F facts intentionally belong to illegal elements，"Knowledge" and "Desire" for objective behavior and results。Intentional as a criminal，The actor's choice of behavior、The results of the results are clear cognition and intention，So，It should be one of the elements that consistently consistent with the constituent composition。

First，The "illegal purpose" of the purpose of the purpose is subjective illegal element。The important difference between theft and theft behavior is that theft behavior is for the purpose of "illegal possession"，During the purpose of use。"The purpose of illegal possession" in the crime of theft belongs to illegal elements。bet365 best casino games illegal purpose as illegal elements，The intention of its dependence should also belong to the illegal element。

Second，The intentional illegal element of attempted commitment。In the judgment of attempted committed，If you do not consider the intention of the actor，It is impossible to determine whether there is a crime and what kind of crime does the existence，The intention of attempted to be illegal is the illegal element。Since the intention of attempted commitment is illegal element，So you can know through logical deduction，Of course, it is also an illegal element that the intentional commitment。

third，Special cognitive influence risks whether the risk is allowed to judge。Rocksin believes that special cognition has a decisive role in judging whether it is not allowed to be allowed to be allowed，Lao Dongyan believes that the judgment of the theory of objective crime of crime and responsibility requires consideration of subjective composition，Objective attribution also has subjective elements。

Fourth，The defense intention of legitimate defense belongs to illegal elements。The persistence of the neoclassical criminal theory system believes that intentional belongs to the elements of crime，At the same time, it is believed that the defense awareness and will of legitimate defense belong to one of the conditions for the establishment of legitimate defense，That is, the defense intention as a subjective inner fact has become one of the important elements of judgment illegal establishment，This is the same as the intention of the same bet365 best casino games subjective content facts that can only be contradictory for the elements of the crime。So，Zhang Mingkai insists on intentionally belonging to the element of crime，At the same time, denying the defense intention of legitimate defense is the condition for the establishment of legitimate defense，Throughout the subjective inner elements to the crime class。

　The impact of intentional as a illegal element on the constituent functional function

Intentional as a illegal element，The order of the composition of the composition，This will inevitably bring changes to the functional function。

On the one hand，Delicate as a subjective constituent element can achieve individualization of criminal individualization。We usually give three functions of the composition: individual functions of crime、illegal presumption of function and intentional regulation function。intentional only as the element of blame，The constituent elements lose the individual function of the crime，But it has maintained illegal positive function and intentional regulation function。Delicate as a subjective composition element，The constituent elements obtained the individual function of the crime，Lost the intentional regulation function，At the same time, it has illegal positive function。Intentional as a composition，The intentional regulation function can be assumed by objective composition，Judgment that does not affect the establishment of the crime。intentional only in the crime，It can only achieve the individual functional function of the crime by the constituent elements and the crime，bet365 Play online games Constitutional elements do not consider intentional，Unable to distinguish one behavior is killing、Damage or intentional destroying property，Lost identification function of the type of crime that constituted a crime。

On the other hand，The overall judgment that deliberately belongs to the constituent elements will not cause deliberate judgments。Zhang Mingkai thinks，intentional judgment of all positive elements of crime to be established as a constituent request for intentional composition，Therefore, it will cause deliberate judgment。But this view cannot be established，The judgment of the composition of the crime is that the sight flows to the composition element、Between illegal and crime，It is impossible to just constituent elements、Unidirectional judgment of illegal and crimes。So，Overall judgment will not cause deliberate judgments。，It is intentional as a subjective composition element without canceling the judgment of the class system，The functions of the class system are still valid。

　(This article is the Study of Criminal Theory based on the Crime Theory of Certificate of Proof of Litigation "(21BFX186) phased achievement)

(Author Unit: Law School of Qingdao University)