On The Object Of Crime

The object of crime is a part of criminal formation. It is irreplaceable in our traditional theory of constitutions of crimes. The concept object of crime and the"four conditions"committing crime theory were all introduced from the former Soviet Union. Until 80s of the last century, we all agree with this theory. After the first criminal law was enacted in 1979, scholars began to reflect the theory of crime object and put forward some different opinions. These opinions were only about the concept of crime object at first. As they discus further, some people even argued that the object of crime should be spurned. Then these different ideas received universal agreement gradually and the traditional theory was increasing being challenged. The discussion on this theory is valuable, but we should learn that no one opinion is perfect. The truth should be discovered with noting personal and by the rationality. From this standpoint, the author tried to analyze various kinds of opinions about the object of crime and then to give a definition of it and to establish the position of it in the crime constitution. This article consists of three parts:The first part is evolution of the theory of crime objectTheory of Constitutions of Crimes was founded in the end of the nineteen century in Russia. The source of this theory is an early stage in the development of constitution of crime in Germany. They believed the constitution of crime is consisted of four parts: the object of crime, the subject of crime, the dangerous act itself and its results, the actor's will and the attitude to dangerous act. Scholars of former Soviet Union accepted this theory after they criticized it and then they reformed it with basic viewpoint of Marxist. They think the constitution of crime is consisted by the object of crime, the subject of crime, the object aspects of crime and the subject aspects of crime. They also use socialism social relation to define the object crime. This idea also could be sourced from the early stage in the development of constitution of crime in Germany, but it had different guiding idea. For this reason, this theory had been far different from contemporary theory of constitution of crime in the Continental Law System. Finally it became a new theory with its own characters. So the view that it is source from the"three conditions"committing crime theory in the Continental Law System is conceived as wrong. This theory is still ruling in Russia after the breakup of the Soviet Union. Our committing crime theory is introduced from the former Soviet Union with nothing different. Because our theory is as like as the one of the former Soviet Union, it different from the theory in the Continental Law System as well.The second part is the concept of crime objectTranslation content of the object of the crime in the importation of the concept of the former Soviet Union, China has long been used to the classic definition. However, with the enactment of China's first Criminal Law, Criminal Law Theory of the issues have been thoroughly discussed. In this process there was critical to the classic definition of the object of the crime and that their respective programs. The main ones being : "the object of the crime" and "criminal victims", "social interest", "right", "law and order" and "legal" and "the interests of that." Amid the criticism, the traditional definition of the shortcomings we have been gradually recognized by its dominant position has been shaken. Programs and expertise, have their own shortcomings. Programs of various amendments to the law in the interests of the view that gradually emerge as the most powerful points. Benefits from the concept of civil law, which was characterized by an emphasis on evaluation of outstanding legal norms. Crime is in the interests of the establishment of a civil law assessment of the law, embodied the essence of crime. The content is social harmfulness, the function of consistency with the object of crime, the crime can become the object of the amendment. Object to the definition of criminal law is that the concept of interest to more accurately reflect the nature of crime. Reflect the modern spirit of the rule of law and many other advantages. Therefore, this amendment is possible and reasonable.The third part is the status of crime object in constitution of crimeSomeone holds that, the crime object, subject to the concept of a crime, shall not be viewed as one of the essentials making up a crime because this too abstract but logically defective term, free from legality, exerts no influence on conviction but confuses legislation's functions and those of judicature. They think crime object equal to legal interest and define social harmfulness to Infringement of legal interests. We could agree with them, but we think it is also one of the essentials making up a crime. Actually the theory of constitution of crime is all conditions of crime in our country. So the social harmfulness should be found in this theory. It should be about value judgment in order to judge what is should be punished. This is not the function of the concept of crime. For this reason, crime object is one of indispensable essentials to constitute a crime. Justified Act in Criminal Law must be located into crime constitution by crime object. Only in this way the theory of constitution of crime can becomes all conditions of crime in our country. Someone may argue that crime object is different from the other condition of crime and make it as like as the theory in the Continental Law System. But it is not the truth, our theory is plane and different from the theory in the Continental Law System. It is held in this thesis that we should exclude the nature of criminal acts with object of crime so as to judge crime by crime nature. Because the criminal formation is all the condition of constitution of crime in China, it is used to judge all the acts embedded in the evaluation system of criminal law, including the justifiable acts. The nature of justifiable acts is that it is lacking in law interest and object of crime. So it is feasible to exclude justifiable acts in the criminal formation in that it strengthens the status of object of crime and in the meantime integrate justifiable acts into the scope of the evaluation of criminal formation, thereby the resolution of the conflicts in the constitution of crime in China.