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Abstract Unwritten elements in constitutional requirements are the elements not written in the criminal law but essential to the constitution of certain crimes. Confirming the existence of unwritten elements doesn’t mean violating the legal principle of crime and punishment. On the contrary, it helps realize the function of the substantive side of this principle. Unwritten elements have the function of judging whether an act constitute a crime and distinguish a crime from another. To reasonably define unwritten elements, we can use the determination method of provisions for attention for reference. Besides, according to the inner logic of provisions and the relationships between them, we can also define unwritten elements.
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Published: 25 August 2018
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