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The Object Of The Crime Concept Study

Posted on:2007-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:W C LiangFull Text:PDF
GTID:2206360185483083Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal object is a very important conception in the theory of a crime of the criminal jurisprudence. The research of criminal object has very important meaning for both the theory and the practice. I should say, scholars has recognized and paid attention to the academic and practical value of the criminal object, and so, recently the theory of criminal object has been a focus in the research of the criminal jurisprudence in our country. The theory of the criminal object in our country which held sway for a long time was transplanted and borrowed from Soviet Union, and it has formatted the traditional theory of criminal object. The traditional theory believes that the criminal object is the social relationships violated by criminal behaviors and protected by the criminal law of China, and it is one essential condition of constitution of a crime.But recently, the traditional theory has been criticized more and more by scholars. The research of the conception is the logical starting point of the theoretical research. If we want to do researches deeply about the criminal object, we should have prescripted the conception of the criminal object firstly. So, the research about the correlative issue of the criminal object will have a stout base. Because of this, this article beginning with the definition of the conception of the criminal object, and then talk about the issue that the criminal object is one aspect of constitution of a crime or not. This article has four parts.Part 1, the Content and the Drawbacks of the Theory of Social Relationship. This part points out that it has no differences between the theory of social relationship and the theory of correct social relationship, because social relationship is not fit for being the core of the criminal object This article specifically explains four drawbacks of the theory of social relationship, but it doesn't deny that the theory had the use at one time.Part2, Several Standpoints of the Theory of De-Social Relationship and Evaluations about Them. In this part, I firstly introduce same new points brought forward by some scholars of China and Russia recently, and then, I category eight points brought forward by Chinese scholars into five points. In this part, I assay theory of legal cosmos, the theory of criminal target, the theory of interests, the theory of demolition and come into a conclusion...
Keywords/Search Tags:criminal object, social relationship, right, constitutive elements of a crime
PDF Full Text Request
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