Research On Standard Of Complex Object Classification

Criminal law theorists divide the object of crime into general object,similar object and direct object.The direct object includes simple object and complex object.In theory,there is a controversy between "dichotomy" and "trichotomy" in the classification of complex objects.The dichotomy refers to dividing complex objects into main objects and secondary objects.The trichotomy divides complex objects into three categories:main objects,secondary objects and random objects.Among them,the main object is the decisive factor of the nature of crimes against complex objects,which determines the conviction and sentencing of crimes against complex objects and the position of specific charges in the specific provisions of criminal law.It plays an important role in the specific legislation and judicial practice of our country.Theorists classify the main and secondary objects of complex objects according to the criteria of "the degree of protection of criminal law","the degree of victimization of crime" and "the degree of attention paid by criminal law to different social relations".However,in the process of legislative practice,legislators classify the main and secondary objects of complex objects according to the criteria of "criminal purpose","criminal behavior","criminal object" and "the importance of criminal law protection".In the process of legislative practice,the legislator also follows the principle of "order first" in the classification of main and secondary objects infringing on complex objects,and tends to protect social order in the crime of infringing on both social order and property rights at the same time.There are different opinions on the classification criteria of complex objects in theoretical circles and legislative practice.The accuracy and rationality of the classification criteria need to be discussed,which is also the main reason for the controversy of the classification criteria of complex objects.The disputes over the classification criteria of complex objects lead to the disputes over the attribution of some charges of infringing on complex objects in the sub-provisions of criminal law and the establishment of statutory punishment,which results in the disconnection between theory and judicial practice.Therefore,this paper reveals the problems existing in the existing classification criteria of complex objects from the perspectives oftheoretical analysis and legislative investigation.It holds that the classification of random objects in complex objects should be abolished,and that the main and secondary objects in complex objects should be classified according to the primary criterion of "the degree of harm caused by criminal acts",and the "criminal purpose"and "actor" of the perpetrator should be taken as the primary criterion.Formula"is the secondary criterion to judge the specific extent of each object being violated in a complex object.Finally,the author puts forward corresponding adjustments to the controversial crime of producing and selling fake and inferior products,the crime of producing and selling toxic and harmful food,the crime of producing and selling fake drugs,the crime of money laundering,the crime of contract fraud,the crime of extorting confessions by torture,the crime of violent evidence collection,the crime of abusing supervised persons the crime of destroying production and operation and the crime of illegal logging.