In the analysis of a crime, we know, are analyzed by the subjective and objective consistent point of view, consistent with the subjective guest principle is following three principles of criminal law ("the principles of legality, equality and applicable principle of criminal law, the principle of suiting punishment" hereinafter referred to as the three basic principles and basic principle), three basic principles in criminal law theory is powerful, lawmakers must also comply with the principle of criminal law. Three principles of criminal law with other general principle is different, the general principle requires the judicial organs in the judicial process are required to abide by the legislature, but often due to other general principle of the supremacy of rights in addition to the three principles of criminal law can not be observed, even on these principles can be changed and adjusted.

   Relations between the three major principles of criminal law and general principles can be illustrated with a simple example below, for example, the legislature in legislation, need to be equally applicable principle of criminal law to consider, such as evaluation of a crime, the criminal law for any one of the same subject, if the subject in violation of the relevant the criminal law should be subject to the same punishment, and not allow any exceptions, such as Zhang San and Li Si are normal people, they have committed the same crime of theft, accord with the theft crime, so Zhang San and Li four should get the same evaluation in criminal law, must be punished, criminal liability for the same. But it must be with the following conditions a distinction, if a normal three, and a disability or other factor Li four commits the same crime of theft, crime although they are the same, but because of differences in body, for they were evaluated when sitting in the criminal law, may be not the same, simple is, Zhang San is a normal person, while Li Si is disabled, so they have the punishment is not the same, which shows which general or specific is both in the criminal law, such provision does not mean that the criminal law is applicable in violation of equality before the law. The basic principle, such evaluation is mainly because Zhang Sanhe Li Si although they constitute a crime, but the danger to them actually differ in. But it is also easy to understand, if there are two identical individuals, as the first example of a piece of three and Li Si is the same individual, is a normal person, then they committed the same crime, punishment should be the same, the same two disabled people, they are making the same the crime, criminal punishment by should be the same, this principle is the basis of criminal law legislation, in the measure of a man, not only to consider the sin he has committed, and the nature of the plot, but also consider the harmfulness of the sin he has committed to social factors, the subject of the crime of personal danger. This is the law, need to consider the problem. For the general principle, required to comply with the judicial process in judicial authority principle, relatively simple, such as legal provisions of driving motor vehicles need to keep to the right, and this principle is not we need to comply with the legislature, but the legislature in vertical post request the judicial organ to comply with the principle of legislation, we can the driving motor vehicles go change into the left from the right, as long as the provisions of the regulations, the judiciary must comply with the legal discretion, and this is precisely the legislature can change the non basic principle.

   Of course, everyone is equal before the law and principle is not absolute, because Chinese legislation level principle, there will be some of the injustice, but the pursuit of legal justice in China is always the goal of the legislation, the provisions of article two hundred and sixty-nine: guilty of theft, fraud, rob crime, for booty, resist arrest or destruction of evidence and on the spot the use of violence or threats of violence, in accordance with the provisions of article 263rd [] robbery conviction and punishment.

  Because of the rules is a legal fiction, that is to say the law to the provisions of Article 269 is a special provision, when encountered such a situation, regardless of the reason he can directly apply the provisions of article 269th of the criminal law, this provision is in fact a transforming crime, namely crime theft, fraud and robbery, if appear the booty, resist arrest or destroy criminal evidence and on the spot the use of violence or threats of violence, then transformed into 263 provisions of the robbery, the law only stipulates the "theft, fraud, snatch crime" three sins into the crime of robbery the situation, but not the provisions of the crime of insurance fraud in the booty, resist arrest or destroy criminal evidence and the provisions on the spot the use of violence or threats of violence can be transformed into the robbery crime, so that there will be serious injustice of a non constant typical criminal law, if a crime suspect to defraud an insurance company. 5000 yuan, 5000 yuan due to fraud did not constitute the crime of insurance fraud (fraud 2000 yuan of above, the starting point of the crime of insurance fraud is 10000 yuan), only this time the offender in accordance with the general The settlement of the crime of fraud, this time if the offender and the emergence of resisting arrest case, it can be transformed into 263 should be in accordance with the provisions of the crime of robbery, robbery, 5000 yuan as a result of the huge number may be sentenced to 10 years imprisonment or life imprisonment and the death penalty, the same case, if the criminal suspect to defraud an insurance company 10000 yuan, also resist arrest situation, this time only in accordance with the provisions of the criminal law to the crime a crime of insurance fraud (because the crime of insurance fraud is the relationship, a special law and common law for fraud, so when this happens, only the insurance fraud), in accordance with the provisions of Article 269, because it is not the ordinary crime of fraud, so can not be converted into the robbery, only handle according to the crime of insurance fraud, and resisting arrest, is not a crime separately in the criminal law, according to the provisions of the criminal law and sentenced to 3 years at most, this time we can see, under punishment and the law spirit of.

    Three principles of subjective and objective consistent principle, and basic principles and legislative requirements, when it was evaluated in the constitution of a crime, need to be subjective factors and objective factors are the criminals were evaluated together, such as a homicide behavior, behavior person he is not want to kill, he was hunting in a deep mountains and forests, accidentally killed a person, then obviously, behavior behavior a homicidal facts objectively, which is no doubt, then from the subjective point of view, he Is it right? Homicidal intentionally, apparently not, it is only in the behavior of a hunting action, accidentally killed, when this behavior according to the crime of intentional homicide is evaluated is obviously unfair, because it is an accident, he did not want the dead on subjective meaning, if according to discretion deliberately murder, then obviously also violated a basic principle of criminal law, that is the crime punishment adapts the principle, the behavior of people with manslaughter homicide in personal danger and Obviously such as light. So when the evaluation of a crime, or that is in the analysis of specific crime criminal law enumerated form when, we usually need to be consistent with the principle of analyzing the subjective and objective, if consistent with the subjective and objective, we usually think of the convicted, otherwise it is not established.

   Besides the special provisions of laws or other legal cases, the subjective and objective consistent principle is the universal, is a principle runs through the whole criminal law general provisions and specific provisions, but the fact that there will be some exceptions, in these cases, we usually do not consider the subjective and objective consistent, or said as long as the actor (or criminal) as long as the implementation of his subjective to implement the behavior, but caused this behavior whether the results achieved did not affect the determination of the crime, will not affect the qualitative, the most influencing conviction.

   View consistent principle, is the basic elements of a crime, need the subjective and objective consistent. But in some crime constitution will not need the subjective and objective consistent, mainly:

First, for the purpose of the crime, the criminal purpose is not consistent with the objective situation;

     For the purpose of committing a crime, the behavior person the purpose, and the crime has not really implemented, as long as the realization of this behavior, it is not for a criminal purpose, do not need to objectively has an objective fact and one one corresponding.

    Article 152nd of the criminal law crime of smuggling pornographic articles []For the purpose of making profits or communication, smuggles pornographic movies, video and audio tapes, pictures, books or other pornographic articles, three to ten years in prison, and shall also be fined; if the circumstances are serious, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; the case of lighter, at less than three years imprisonment, criminal detention or control, and shall also be fined.

    The provisions of the act, if not for profit or the purpose of communication, then the lack of the elements of the crime; if the perpetrator is spread for the purpose, but when its purpose is not to achieve is caught, then his smuggling obscene goods crime has been established, without the requirement to achieve the objectives of the.

    Another example,

   Article two hundred and forty [trafficking in women and children, the crime of abducting and trafficking in women, children], five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, shall be confiscated property:
(a) the first molecular group of abducting and trafficking in women, children;
(two) the trafficking of women and children, three people;
(three) to seduce abducted women;
(four) deception, forcing abducted women to engage in prostitution or those selling abducted women to prostitution;
(five) for the purpose of selling, the use of violence, coercion or anesthesia abduction of women, children;
(six) for the purpose of selling, stealing a baby;
(seven) causing abducted women, children or their relatives serious injury, death or other serious consequences;
(eight) women, children will be sold to overseas.
Trafficking in women and children, is for the purpose of selling, a kidnapping, kidnapping, buying, trafficking, transport, transfer one of the women, children's behavior.

    These rules are for the purpose of selling a crime with purpose, act as long as the implementation of the trafficking of women in the objective behavior, no need to achieve the purpose of selling, can constitute trafficking in women and children, because it is a crime with purpose, consistent without subjective and objective.

    Another example.

    Article two hundred and seventeen [violate copyright crime] for the purpose of profit, one of the following copyright infringement case, the larger the amount of illegal income or other serious circumstances, is less than three years imprisonment or criminal detention, or be fined; if the amount is huge or other especially serious circumstances, the agency for more than three years less than seven years imprisonment, fined:
(a) without permission from the copyright owner, reproducing and distributing a written work, music, film, television, video works, computer software and other works;
(two) published others enjoy the exclusive rights of books;
(three) without audio and video producers to license, copy and distribute the recording;
(four) production, sale of fake others sign art works.

   These rules are for the purpose of profit, regardless of its purpose is realized, as long as the illegal copying of up to 1000 of the above, will conform to the constitution, will not affect the qualitative.

Second, there is causality in all crime, is not the subjective and objective consistent for the causal relationship;

     The causality in that case, the subjective understanding of the qualitative behavior for the case is not any significance, or behavior, people think that there is a causal relationship between the behavior and result in subjective, and there is no causal relationship between the results and the behavior, this kind of situation, not simply consider the subjective cognition behavior man, that is to say, people think there is a causal relationship between behavior and the results of their own, the qualitative case will not affect.

     One of the characteristics of causality is objective, the perpetrator's behavior result and subjective desire consistency does not affect the nature of the case, such as 06 years has first questions, a case example of Shenyang railroad bureau, one on the train while B asleep, B put sleeping pills in a B cup Li, B drunk fell asleep after the implementation of the robbery, a behavior of ethylene (other ways robbery of sleeping pills), put the police later inspection B in fact is false, a sleep because there is really tired to sleep, the facts of the case B can rob behavior and behavior is not the causal relationship between the subjective, B that its own behavior (put sleeping tablets behavior) have relations with the results, this situation is not about the causal relationship of B in the qualitative time, between the behavior and the results don't ask B conform to the subjective and objective consistent, finally only convicted of robbery attempt, established accomplished larceny. In this case, behavior and results in a B is consistent, the subjective is to obtain property, objectively also acquired property, according to the traditional subjective and objective consistent view B will think, B behavior accords with the subjective and objective consistent principle, can set up the robbery crime, for the existence of the causality in this case, can not consider the subjective and objective consistent, B can easily analyze the results.

Third, some crime is the objective existence of punishment elements, macro elements upon the existence of punishment, so also do not need the subjective and objective consistent.

  Article 129th [such as the crime of losing firearms without report] lawfully equipped with guns for the discharge of official duties of personnel, losing firearms without timely report, causing serious consequences, is less than three years imprisonment or criminal detention.

  The above provisions, the punishment for missing elements provided with a gun does not constitute, only causing "serious consequences" before the establishment of this crime, so "serious consequences" is the objective punishment condition, because of losing gun, is causing serious consequences, behavior no control, but no matter how, as long as the caused serious consequences no matter whether the actor has lost, intentionally, all need to punish acts causing serious consequences, whether to need not exist a correct understanding.

  Such as, violation of loans to the crime, resulting in large losses, causing great loss is an objective punishment condition, for banks, the deliberately "great loss" need not behavior, there may be factors causing the behavior of fault and force majeure, but only to cause great loss do not need to consider the behavior of the subjective factors at that time, this is an objective punishment condition.