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The Study Of The Property,Status,Impact Of The Criminal Object

Posted on:2012-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2216330338959291Subject:Law
Abstract/Summary:PDF Full Text Request
The object of a crime is a relative concept to the subject of crime, if there is a main object, there is a main object, and vice versa, so any crime has its own object, that is, the subject of crime who can operate or effected by the people or moving things.The object of a crime is an unity of the specific emotional and rational. Crime is an abstract concept, the composition of a crime is a concept of a specific spread crime, is a process from abstract to concrete, and meanwhile, the specific object of crime actually is the concrete people or things, with their own characteristics, the concrete is the sentimental specific, that is the Individual people or things, the sensibility needs rise to rational, to meet the requirements of the object crime. Rational related to conviction, the sensibility impact the measurement of penalty.The status of the the object of a crime is determined by the nature of the crime. The object of a crime is a Elements of the crime, in order to understand the status of the object, we need the relationship between the other components of a crime to illustrate. Such as the relationship between object and subject of crime, the relationship between the object and the subject. In the case, the relationship between the object and the subject is the passive and the active, also, between behavior and the object is a relative relationship. And the conduct is the medium which can connect the object and the subject together. Subject and object is the unity of essence and phenomenon, the subjective relationship between sin and crime, is the unity of subjective and objective.There are 2 effects of the object of crime, one is conviction, the other is sentence. the status of the object decided by the nature of it, and the status determine the status , the statues determine the effect, rational determine the conviction, and sensitive impact of measurement of penalty.The object of crime and the way of act is a whole; they all determine the effect of the object of crime. Generally speaking, a subject, an act, an object can only constitutes one crime. Subject, action, objects, any of these three elements changed, it will lead different accusation. Although any two of these three elements is sure, the third element changes, it will also lead to different offenses and corresponding measurement of penalty. The object and subject of crime, the way of act, they interrelated, interacting, so in the discussion of criminal object, it can not leave the discussion of the object, the way of act alone.
Keywords/Search Tags:Crime objects, criminal subject, Crime Composition
PDF Full Text Request
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