Research On Object Of Crime

Constitutive elements of crime are one of category crime core of the theory as criminal jurisprudence basic theories, and have always been deemed to be foundation stone and basic content of crime theory .It places itself above individual crime fact, abstracting and summarizing with general, universality total of necessary condition that comes out of various kinds of crime fact. As regards its essence, constitutive elements of crime are that one comes from life prototype, higher than the life prototype again, standard plan "model" that is made by criminal law. In this model, whether object of crime occupies status or not and which kind of status it elements of crime's whole concrete structure. As to this, Chinese criminal jurisprudence has a great deal of different views to object of crime's necessary existence in whole constitutive elements of crime .To sum up, there are three kinds of views. First, four necessary conditions of constitutive elements of crime. This is general view in our country' criminal jurisprudence. This view thinks that object of crime is essential component of constitutive elements of crime, namely, object of crime has necessary condition status in whole constitutive elements of crime. Second, three necessary conditions of constitutive elements of crime. Namely, the whole constitutive elements of crime include crime objective respect, crime subject, crime subjective respect. Third, two necessary conditions of constitutive elements of crime. Namely, the whole constitutive elements of crime include crime objective respect, crime subjective respect. The second view and third view in common is that object of crime's essential and independent status is wiped off in the structure construction of constitutive elements of crime. While it is thought that object of...