In the criminal law industry in my country，Four Essentials Crime Composition theory (hereinafter referred to as the "Four Essentials theory") and class crime theory (hereinafter referred to as "class theory") each have their own supporters。In the identification of common crimes，The four -element theory in Tongtong has been strongly challenged by the class theory。Classes Targets think，The four essential theories of the traditional four elements cannot solve the implementation of people without responsible capabilities，and those who have the responsible ability are only under the circumstances of helping or instigating behavior，Crime determination issues of those who have the ability to be responsible。But the author thinks，Four Essentials Theory Based on its own theoretical basis、The architecture has a natural theoretical advantage when explaining the common crime，and also in line with the regulations of the Criminal Law on the Criminal Law in my country，Therefore, the practical advantage in the standard sense。

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The vitality or value certificate of the theory of criminal law，Is whether it is in line with the legal principle of punishment。Four Essentials theory When explaining common bet365 Play online games crimes，The conclusions of the income from (in) are an effective explanation of the criminal law specifications，It can also best reflect the legal principle of criminal punishment。

When those who have no capacity for criminal liability and those who have the ability to criminal liability to infringe on the law and benefits，Four Essentials theory will take the main requirements of the criminal subject，and directly deny the establishment of common crimes，This is also an important manifestation of the four -key theoretical crime function。Although the critics believe that the view is "a simplified thinking of" ignore the end "，It is a manifestation of lack of system thinking "，Crime crimes that should be regarded as illegal levels according to class theory，Detects their respective criminal responsibility in the responsible stage，To achieve the same treatment of single -person crimes and common crimes。But this critical opinion cannot be established。

On the one hand，If according to the perspective of class theory，Criminal Law The problem solved by the legislation of common crimes is，What participants will belong to the illegal facts，As for whether the participants want to bear the responsibility, they need to judge individual judgments。But this processing method is suspected of being separated from my country's Criminal Law。Because multiple participants' actions are identified as a common crime at the illegal level，You need bet365 best casino games to judge who is the right offenders、Who is a co -crime。Implementing behavior in those who have no criminal responsibility，And those who have criminal responsibility capabilities to help or teach behavior，According to the distinction system held by class theory，Conclusion is naturally those who have no criminal liability as the right、Those who have the ability to criminal responsibility are helping or instigating criminals。and，In order to solve the norm obstacle of the concept of "positive" and "co -crimes" in the "Criminal Law" in my country，Many distinguished systems will be equivalent to the main criminals and criminals in my country's "Criminal Law"。Those who have not criminal liability that do not constitute a crime at all as the main criminal，This conclusion obviously does not have legality and rationality。Of course，This is not to say that the violations of the infringement of those who have no responsible ability are not illegal，But this kind of illegality does not belong to the element of criminal composition，It does not belong to the crime of illegal level that the theorist is said to，The scope of punishment that belongs to administrative violations or law and order，Step in two levels of problems with crimes。

On the other hand，Whether it is the theory of the four elements or the class theory，Killing behavior implemented by those who have no criminal responsibility，In the end, it will not determine its behavior Bet365 app download as a crime。This shows that the behavior infringes the legal and benefits，Just determine the necessary conditions for crimes，instead of sufficient condition，Not enough to start the punishment。For this，Classes Targets think，The essence of crime can only be generated in the responsible stage，Only the consequences of this kind of legal infringement can be attributed to the actor，Crime is only announced to be established。This understanding fully meets the relevant provisions of the Criminal Law in my country，Due to the crime stipulated in my country's criminal law，It must be implemented by those with criminal responsibility capabilities、Acts with legal or negligent or negligence or threats of legal benefits。But the question is，Class Theory when dealing with common crimes，However, different standards were taken，Try to break away from the responsible stage and build a criminal concept in the legal sense，The behavior of those who have no responsible ability as a crime at illegal level。This claim is currently lacking a standard basis in my country，Obstacles of the existence method。

　　Improve judicial efficiency

The purpose of the criminal law is to maintain fairness and justice through the negative evaluation of criminal phenomena，The process of interpreting the law and the process of applicable law should all reflect the pursuit of justice。But in criminal bet365 live casino games justice，Always exist to a certain extent, the tension between the procedure legitimate and the judicial resources。Maintenance fairness and justice not only requires physical justice，also requires judicial efficiency。So，For cases that obviously do not need to enter criminal proceedings (such as minors under the age of 14、Cases of killing others)，Can be directly crimes，instead of whether the requirements of each crime are fully satisfied without the order of class theory。

If in a case，The victim was beaten in the state of drunk.，Traumatic shock causes multi -organ functional incomplete death。Although the two defendants have the intention and behavior of the victim，But the two did not premeditate and divide the division of labor beforehand，Instead, it is implemented under their own independent criminal intentions，I did not escape together afterwards。Based on the theory of four elements，It can be based on the lack of common intention of the two，Directly exclude it outside the common crime，Then according to the objective behavior and subjective intentions of the participants、Processing according to single -person crimes。But if according to class theory，The identification of common crimes will follow the order of judgment of "constituent compliance -illegality -responsibility"，First of all, after identifying the two as a common crime at the illegal level，Then bet365 live casino games judge their respective responsibilities in the responsible class。This will increase unnecessary judicial link，Washing of judicial resources。

German scholar Ingbig Bog Prove once said，"The smart operating review architecture will not refer to the same way in the same way regardless of the follow -up steps，Thorough analysis and discussion of each step "。So，When one or more participants in criminal activities obviously fail to reach the age of criminal liability，By negating the class of responsibility,，Negative (common) crime，There is no need to stick to the progressive logic of the internal identification logic between the class，Otherwise，Claims are likely to be excessive persistence。Health、The benign criminal procedure process should be the "two leg walking" for the coordination of the physical impartiality and the efficiency of litigation，It must not be abolished one，Especially in the real environment of many people and fewer cases in my country，The economy of the judicial process should be emphasized。In this aspect，Compared with class theory，The theory of the Four Essentials is obviously better.。

　　(Author Unit: School of Law of Xiangtan University)