Abstract: Logically speaking, the subject of crime in criminal law should be in consistency with the subject of crime in criminal procedure.However,in reality,the two are often inconsistent,i.e. the suject of crime in criminal law is not the subject in criminal procedure,or vice versa.This article examines the inconsistency of the subject of crime mainly from three aspects:stipulation of the code of criminal procedure,the operation law of criminal procedure,and the practice of criminal justice.

Key words: criminal Law, code of criminal procedure, subject of crime, inconsistency