The Research Of Criminal Object

In the Criminal Code scholars, the issue of criminal object is a controversial issue, straightening out the issue to the historical origins of criminal object , the reasonable definition of its meaning , its scientific position, and then to explore its function, no doubt have important significance to the research of the system of China's criminal constitute. Just based on this, I begin discussion on the related contents of criminal object.Full-text is divided into four parts. The first part uses the method of historical research. First, it introduces and combs the theory of object in Western criminal law theory, talking about infringed rights and financial abuse as germination of a Western criminal law theory concept of object, as well as the concept of benefits marked the establishment of the theory of object in the Western criminal law theory, then analysis of the origin and development of criminal object in Russia and the former Soviet Union, in early Russia, criminal law scholars have the traditions of emphasis on studying the substance of crime, and research criminal object as an important part of a substantive definition of crime. And scholars in the former Soviet Union, even fix more attention on the substantive aspects of crime - to study the political aspects of crime, scholars believe that the essential feature of criminal behavior is to harm the social relations to the protection of the ruling class , that is the social harm, and then makes the conclusion that the criminal object is the social relations protected by the law crime , in the final of the part, the theory of the evolution of the in China's criminal law theory were summarized and combed by the author, in general ,our theory of criminal object fallowing the evolution of development, from the old common opinion to the new, from the social relations Speaking to non-social relations.Part II mainly uses the comparative analysis method, the object of crime conducted in-depth explanation of content analysis. Western scholars on the meaning of the doctrine of the main object of the crime have the right to say that legal norms and legal benefits that the socialist countries on the meaning of the doctrine of the object of crime are mainly social relations that the interests of the community said, equity and crime, said that such an object, the author in kinds of doctrines of the advantages and disadvantages of the above analysis of the conclusions drawn on the basis of this article - legal interest that in explaining the object of the connotation of crime is more persuasive. Beneficial use to define the crime, meaning the object has the following advantages: comprehensiveness; can reflect the criminal nature of the object field of criminal law; is consistent with the purpose of criminal law; can properly reveal the nature of crime.Part III discusses the trade-offs of the object in system of crime constitutes. Argument is mainly on the current train of thought exist on the object of the crime constitutes a crime, the status of the system theory unite in comparison and analysis, based on the main points of this article - not to mention a detailed argument. From the rank in terms of crime the object of rank higher than the objective aspect of crime, crime and crime subjective subject. From a practical point of view, the object of a crime constitutes a criminal element does not have operable. Constitute the theoretical basis from that point of view, the object as a constituent element of the crime is in fact one concept. From the result, removing the criminal object from the criminal constituting system does not affect recognizing crime.Part IV positions the function of the criminal object. The object is not an essential element to the crime constitutes, but this does not mean that there would be no criminal object of their value, on the contrary, I believe that research benefits contribute to a correct understanding of criminal law nature of crime, crime has made the object of criminal legislation has a legitimate purpose and limit the scope of criminal penalties for capabilities, while the Criminal Code, sub-system that can guide the rational construction, in addition, criminal object also has the function of judicial interpretation.