Abstract: Under the traditional crime constitution theory in our country, the four-element and anti-law negates is a parallel relationship, even because of the existence of proviso, establishment of a crime need for a three evaluation, and judgment of the four element is only in compliance with or not and no degree of consideration, lead to the victim's fault, the victim's consent, the victim's special status is distributed in four elements, anti-law negates, provisos, the discretionary circumstances of sentencing, and can not find its proper position in the system of four-element crime constitution, and basis of how the victim's pattern affect criminal law evaluation becomes confusing. In fact, if the connotation of the four elements of the system to do a substantial and expansive interpretation, anti-law negates, damage degree of social relationship, and subjective malignant, big or small, are contained in objective aspect, object, subjective aspect, so the victim's pattern has the corresponding status in the crime system, its effect in the criminal law also has a unified basis.