Abstract: The theory of criminal constitution is an important part of criminal law theory and plays an important role in guiding criminal justice. Currently,crime constitution theory in China has been on a road to diversified development with the objective vs. subjective system, accusation vs. defense system, illegal vs. accountable system, all of which have its own characteristics. Applying different criminal constitutional theories in different stages of litigation is not only conducive to the integration of the theory of criminal constitution and criminal justice practice, but also to the development of the theory itself, and to the refining of the argument on crime constitution in the criminal field. In the process of case investigation, the application of objective vs. subjective system can save judicial resources and improve efficiency; in the process of examination of prosecution and court trials,the application of the accusation vs. defense system can clarify the possible content of evidence investigation and enhance confrontation; at the judgment stage, the illegal vs. accountable system can demonstrate the rigorous logic of the defendant's conviction and enhance the authority of the court.

Key words: criminal justice practice, litigation stage, crime constitution, accusation, defendence