The constituent elements of the crime of refusing to serve in wartime are as follows:
1. The object element, the direct object infringed by this crime is military service management activities.
2. Objective elements, this crime is manifested as a serious act of refusing or evading military service in wartime.
3. The subject of this crime is the general subject.
4. Subjective elements: the subjective aspect of this crime is intentional, and its purpose is generally to avoid military service. The criminal motive is more for fear of death, hardship and fatigue.
The crime of refusing or evading military service in wartime refers to a citizen's act of refusing or evading military service in wartime, if the circumstances are serious enough to constitute this crime, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
[Legal Basis]
Article 376 of the Criminal Law of the People's Republic of China states that a reservist who refuses or evades conscription or military training in wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any citizen who refuses or evades military service during wartime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
