There have been three major changes in the proof of subjective elements in our country. First, the proof basis has changed from “subjective confession first” to “objective evidence first”; second, the object of proof has changed from “subjective elements first” to “objective elements first”; third, proof methods have changed from “single idea” to “multiple countermeasures”. To solve this problem of subjective elements, it requires the cooperation of the substantive law and procedural law. At the substantive law level, it is advisable to adopt the element analysis model to allow the existence of subjective elements of different natures within a crime. The perpetrator's subjective attitude towards the consequences should not be used as the only criterion for the judgment of subjective offenses, and the subjective elements should be recognized as having a hierarchical relationship at the criminal law level. The element analysis model can reduce the difficulty of proof. It conforms to the principle of guilt and responsibility, conforms to the spirit of the reform of the jury system implemented in our country, conforms to the requirement of innocence of questionable crimes, and can significantly reduce the difficulty of proof.
徐歌旋. 主观要件证明难题的一体化破解——兼论要素分析模式之提倡[J]. 浙江工商大学学报, 2022, 36(1): 74-83.
XU Gexuan. Integrated Solution to the Proving Problem of Subjective Elements:with Concurrent Discussions of the Promotion of the Factor Analysis Mode. Journal of Zhejing Gongshang University, 2022, 36(1): 74-83.