On The Guiding Function Of The Criminal Object For The Judicial Conviction

The object of a crime is a crime to constitute a standing prime position in the sorting of the elements of system, has long been considered one of the core content of the criminal law theory. In recent years, China’s criminal law scholars crime transplantation in the Soviet-era theory of four elements continue to trim and perfect, so that eventually become dominant in China’s criminal law academics theory pass that. Since the founding of new China, the object of the crime problem has been in a more prominent position, the formation and development of the crime of the criminal law system with Chinese characteristics in the contemporary, has a very important structural role in promoting.However, all these years with the continuous deepening of the problem research, there have been scholars questioned and blamed the crime constitute the system of four elements, the object of a crime will become a focus of academic concern, a series of endless theories, the formulationand more. Generally look at the debate on the theory of object of a crime can be divided into two different factions of "reconstruction" and "perfect said."Reconstruction" and advocated progressive type of crime constitutes a system based on three classes of criminal law in Germany and Japan, thus excluding the four elements of the composition system, the object of a crime would be gone. Second is the crime of the Anglo-American countries to set up mode, into the plea bargaining system, the crime constitutes a system of two-level entities and procedures. The "perfect" advocated the continuation of the Soviet Union during the four elements constitute the female parent system, on the basis of partial repair, and has reached the perfect. Does not overturn the re-build the system necessary.Chinese society as a whole are in a transition period of history, some of the theories of the foreign influx of caused a tremendous impact on our original understanding of the Chinese Criminal Law is no exception. It is because of the entry of extra-territorial criminal law theory, and also to stimulate China’s criminal law scholars reflect on and improve on the existing theory. This article is written in this background. I stood in the position to improve, said up demonstration object of a crime of this theory. Through the historical method, comparison method, empirical research methods in this article.In this paper, the content and viewpoint as follows:I start from the history of the object of a crime study, first of all be traced back to the theory of the criminal object of the object of a crime in China from the Soviet era, and then study the evolution of the object of a crime in the Soviet Union and crime. Midpoint of the Soviet era as a time for their own research on the evolution of the object of a crime in the Soviet Union is divided into:the former Soviet Union (Russian Empire), the Soviet Union, the post-Soviet era (Russian Federation Republic). Identify the corresponding period of crime constitutes the meaning of the theory constitutes the status of the crime. Finally come to the conclusion object of the crime management and crime constitute a theory is constrained by the Penal Code by the same age.Followed by the author in the second part of the article focuses on the meaning of the object of a crime and crime constitute the link between the other three elements of its elements, to arrive at an indispensable position that it constitutes a crime. The object of the crime means:both for the protection of the criminal law, but also as to endanger the interests of the acts of the (criminal law sense) the general term-legal interests. Its essence is the attribute belongs in the value field. Criminal behavior and the object of a crime is the fact that value, the object of a crime in the objective aspect of crime in the intermediary interaction, because the object of the crime of criminal behavior is oriented to a specific counts, followed by the objective aspect of the inspection.The third part of this paper the use of empirical analysis methods to prove the object of a crime in plays an important role in the life of the. In the text, all cases in the judicial practice ambiguous, crime or blurring the lines between this crime and he sin, not easy to judge. However, as long as we seize the key points of the case, the cut that is, behavior is an infringement of legal interests, as well as violations of law to which the benefits seize the object of a crime, its analysis of the starting point for the case, then the analysis of the case the path to good, the case is not too hard a difficult. In certain types of behavior analysis in accordance with the instructions of the object of a crime, our orientation is a Babel Avenue, rather than a dead end.