作为犯罪构成要件之一的主观方面,一直是办案实践中案件审查的重点和难点,然而,根据传统的刑法理论,按照先主后客的考察顺序,将会带来罪与非罪、此罪与彼罪等困惑,对办案工作造成很大困扰。本文拟从相反的角度进行思考,建议采用先客后主的考察顺序,注重客观行为方面证据的收集,以客观方面的证据来证明主观方面。 However, according to the traditional theory of criminal law, according to the order of investigation of foreigners and backcourts, crimes and non-crimes will be brought, which is the crime of crime Puzzled with his sin and other issues, causing a lot of trouble for the handling of cases. This article intends to think from the opposite perspective. It is suggested to adopt the order of investigation of the forerunner, pay attention to the collection of evidence in the objective behavior, and prove the subjective aspect with the objective evidence.