What are the constitutive elements of the crime of inciting soldiers to flee the army in criminal law?

According to Article 373 of the Criminal Law of People's Republic of China (PRC), it is a crime to incite soldiers to flee the army. The crime of inciting soldiers to flee from the army refers to the serious act of inciting soldiers to flee from the army.

Components:

(A) the object elements

The object of this crime is the management order of the army. It is necessary to establish a normal army management order, ensure that the troops are full, and complete tasks such as fighting, training, combat readiness, and duty. If the circumstances of inciting active servicemen to flee from the army are serious, it violates the obligations of citizens and organizations to support national defense construction stipulated in the National Defense Law, seriously hinders the management order of the army, weakens the combat effectiveness of the army, affects the completion of various tasks of the army, and harms the national defense interests. The object of this crime is active servicemen.

(b) objective factors

This crime is objectively manifested as inciting soldiers to flee the army, and the circumstances are serious.

Inciting soldiers to leave the army refers to using interviews, speeches, sending publicity materials, distributing slogans, leaflets and other languages to encourage active soldiers to leave the army without the approval of the leaders, or not to return after approval. Incitement refers to the act of encouraging, instigating, provoking, persuading, requesting, publicizing, luring and trying to make soldiers incite according to their own intentions by means of language, words and images. It can be oral, such as face-to-face persuasion, telephone agitation or giving speeches, reports, shouting slogans, spreading horror rumors about political, military and natural disasters, etc., or written, such as writing, printing, posting and distributing leaflets, publications, paintings and posters by using letters, telegrams and telex. , can also be other, such as TV, video, projection, movies, etc. As for the content of incitement, it is to let soldiers escape from the army. The so-called troops include both the People's Liberation Army troops and the People's Armed Police Force, as well as wartime reserve forces and militia organizations. The so-called soldiers fleeing from the army means that the incited people leave their own army without approval and do not continue to serve, or refuse to return to the army after leaving the army despite approval, so as to avoid the obligation of military service, including leaving the army without leave, failing to report to the new unit after leaving the original unit during the work transfer period, recovering from illness, completing a business trip, and failing to return to the army after the vacation expires.

Inciting soldiers to flee the army must be serious enough to constitute a crime. "Serious circumstances", in judicial practice, mainly refers to inciting soldiers to flee the army in wartime; Inciting commanders, combat troops or other personnel with important responsibilities to flee the troops; Inciting or inciting many people to flee the army for many times; Inciting soldiers to flee from the army, which affects the completion of important tasks by the army; Inciting soldiers to flee the army and harboring them; Incite soldiers to flee the army and engage in other illegal activities.

(3) Main elements

The subject of this crime is the general subject. All natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility constitute this crime.

(4) Subjective factors

Subjectively, this crime is intentional. That is, knowing that soldiers fleeing from the army is a violation of military discipline and law, they are still inciting them to flee from the army. Negligence cannot constitute this crime. Its motives can be varied, and some are afraid of being incited to suffer and die in the war; Some want to find jobs for incited people and make them earn more money; Some are dissatisfied with the troops, aiming at disintegrating morale and so on. But whatever the motive, it does not affect the establishment of this crime.

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