Discussion On Understanding Of Object Error

There are two crime systems:traditional domestic constitutive requirements(from Russia) and crime theory system which derived from Germany and Japan, the names of object in the two crime systems are different: the target of crime and the crime object or action object. Whatever, the content is the same: the people or things that the behavior act at directly, which is different from the equipment about the crime and the income in the action, but not all of the crimes have criminal objects.The article also discusses the distinctions between the object error and hit error. Object error has been synonymous with the hit errors, later they were distinguished from each other, with the development of the constitutive theory. They belong to the different kinds of error in nature: the object the people expected to attack is wrong and the offending ways are wrong. What’s more, people searched the different solutions in the different theories, and found that it was different about the subjective aspect, morphology, and the processing results. Object error and hit error are fact errors, this will increase the difficulty in identifying them in the complex cases, especially when they appear together in the same case, they will lead to different conclusions.Object error is divided into four categories in the article, according as the different criteria or different positions. Object error also are divided into different types according to different criteria, the goods error, the human error and complicity error.The different theories are put forward to solve the different problems in different backgrounds, so the standard of object error has different theories. The error in criminal law refers to the situation that criminals’ subjective understanding is inconsistent with the fact. In different development processes, there are different classifications and theory about the error, this paper adopts the classifications in the Japanese criminal law: the error of fact and legal error, and then the fact error is divided into object error, the method error and the causal relationship error. The error also is divided into specific fact error and abstract fact error according to in the same constitutive requirements or not. After the second world war, the concept of constitutive requirement emerged and developed, what made the classifications of the error in the same constitutive requirements and the different constitutive requirements replace specific fact error and abstract fact error. The object error from Germany was introduced into Japan and got further development. Now in Japan’s theory, the main differences in the same constitutive requirements are between the doctrines of concrete accord and doctrines of legally prescribed, the main differences in the different constitutive requirements are the doctrines of abstract conformed theory and legal conformed theory.Error object may also affect the criminal patterns, object impossibility is very good for this. About the influence of object error to object impossibility is to be explored from different angles: subjective theory and objective theory, specific risk theory and abstract danger theory, objective risk theory etc. Object errors also can produce very profound effect on sentencing, mainly referring to the error of object value, this paper discusses it combining with property crime.