从法律意义上讲,构成涉外刑事案件的要件包括三个方面:一是犯罪主体涉外。凡是实施犯罪的主体是外国人,不论是单独实施犯罪还是以共犯的形式实施犯罪,该犯罪案件都可以称为涉外刑事案件。犯罪主体既包括自然人也包括法人。二是犯罪客体涉外。即犯罪行为所侵犯的社会关系涉及非本国的社会关系。通常情况下,凡是犯罪目标和对象指向外国,就被认为危及外国社会关系。犯罪目标和对象可能是指向外国国家,也可能指向外国自然人,甚至指向外国法人。三是犯罪客观方面具有涉外因素。客观方面主要是指构成涉外犯罪所具备的行为、危害结果以及行为和结果之间的因果关系等客观事实。因果关系则是认定涉外犯罪和确认罪责的重要标尺。就刑事案件而言,2002年以来,浙江省外国人刑事犯罪案件呈现迅猛上升趋势,特别是2002年6月下旬以来,杭州、湖州、温州、嘉兴、绍兴、衢州等地连续发生外国人盗窃案件,严重地侵害了中国公民、单位的利益。据统计,短短三个月就猛发44 In legal sense, the elements that constitute a criminal case involving foreign countries include three aspects: First, the criminal subject is foreign. Anyone who commits a crime is a foreigner, whether committing a crime alone or accomplishing a crime in the form of an accomplice. The crime can be called a criminal case involving foreign people. The subject of crime includes both natural and legal persons. Second, the criminal object involved. That is, the social relations infringed by criminal activities involve non-national social relations. Often, criminal targets and objects are regarded as endangered by foreign social relations whenever they are directed at a foreign country. Criminal targets and targets may be directed to foreign countries, may also point to foreign natural persons, and even point to foreign legal persons. Third, there are foreign-related factors in the objective aspects of crime. The objective aspect mainly refers to the objective facts that constitute the behaviors possessed by foreign-related crimes, endanger the result, and the causal relationship between the act and the result. Causality is an important criterion for criminalizing foreign affairs and confirming guilt. In terms of criminal cases, since 2002, criminal cases of foreigners in Zhejiang Province have been on the rise. Especially since the end of June 2002, there have been cases of theft by foreigners in Hangzhou, Huzhou, Wenzhou, Jiaxing, Shaoxing and Quzhou , Seriously infringed on the interests of Chinese citizens and units. According to statistics, in just three months on the 44