On the Construction of Subjective Element of Crime

The subjective element of crime is the mental attitude to the behavioral bane result by oneself and the mental state of the other elucidation behavior bane, which criminal law provides, establishing of crime must have and the person has while he put criminal offence into practice. The subjective element of crime has some characteristics such as legal, bane, subjective, time, necessity and includes many factors for instance criminal intention, criminal negligence, particular purpose, particular motive, particular knowing perfectly well and expelling the particular purpose. Among them, criminal intention or criminal negligence is the essential factor of the subjective element of crime, and particular purpose, particular motive, particular knowing perfectly well, expelling particular purpose etc. is the choice factor of the subjective element of crime.As regard to the concrete crime provision of the our country criminal code, some crimes only can constitute from direct intention, some crimes only can constitute from indirect intention, some crimes only can constitute from intention, some crimes only can constitute from negligence.