| With the rapid development of China’s economy and the deepening of the reform of economic system,the types of crimes show more complexity and diversity than before,To continue to regulate the crime of corruption with the original criminal object has been unable to adapt to the increasingly changing social form,which will lead to the poor implementation of the anti-corruption work and the imminent change of the object of the crime of corruption.The principle of modesty and restraint of criminal law provides a good idea for the change of corruption crime.The tolerance,limitation and economy of the modesty of criminal law provide a boundary for the expansion of the object of corruption.It is an important content to seek the balance between the crime of corruption and the modesty of criminal law.After reviewing the criminal object and existing problems of the traditional corruption crime in our country,this paper discusses the relationship between the modesty of criminal law and the criminal object of corruption crime and its rational requirements.At the same time,it also discusses the practicality of the object of corruption crime in judicial identification and criminal filing.It is divided into four parts.The first part mainly analyzes the object of corruption crime and related problems in China.In the specific analysis,starting from the basic concept of the crime object,it analyzes the legislative evolution of the object of corruption crime,that is,the provisions of the object of corruption crime at home and abroad,and summarizes the arguments and opinions of the academic circles on the object of corruption crime.The author believes that,Property interests should be included in the object of corruption crime,which is related to the essence of corruption.The fight against corruption is to safeguard the integrity of state workers’ duties and is closely related to judicial practice.In the ever larger judicial cases,the suspect of corruption crime has not directly encroachment on property,and can be converted into money or need to pay money to enjoy it.Other property interests.After pointing out the traditional criminal law view and the current law on the object of corruption related provisions,we should combine the principle of modesty of criminal law.The author believes that it is necessary and feasible to expand the criminal object of corruption crime under the new situation and conditions.However,this expansion is not an unlimited expansion of the interpretation of criminal law.We must consider the current criminal policy of our country,consider the social and economic development situation and other factors,and we must put the definition of the crime object of corruption crime under the guidance of the basic principles of criminal law Next.ent suggestions of the object of corruption crime,in order to benefit the judicial practice.The second part is about the relationship between the modesty of criminal law and the object of corruption.It is defined that the modesty of criminal law is the necessity principle of criminal law,which means that only when there is no other way to regulate,can we use penalty to punish some behavior that violates the law and order.The modesty of criminal law involves the protection of human rights,the construction of socialist harmonious society and the reform of criminal law itself.Firstly,the modesty of criminal law is the requirement of human rights protection;secondly,the modesty of criminal law is the inevitable choice of building a harmonious socialist society;finally,the modesty of criminal law is the measure standard to expand the coverage of criminal objects.The author thinks:the tolerance of criminal law,as the value connotation of modesty of criminal law,means to protect the legitimate rights and interests of citizens in the implementation process of criminal law;the limitation of criminal law is also known as the incompleteness of criminal law,which emphasizes that criminal law is not omnipotent when it plays its role in solving social contradictions;the economic nature of criminal law requires that the least amount of criminal law resources be invested to obtain the maximum effect of criminal law Benefit.To sum up,it is in line with the value orientation of modesty of criminal law to expand the object of corruption crime to property interests.The third part is the rational requirement of criminal law’s modesty to the object of criminal law corruption.This part of the content is about the view that the criminal object of corruption crime should be defined as "property" in the current criminal law of our country.There is almost a consensus in the academic circles.Whether the object of corruption crime is expanded is an important index to distinguish crime from non crime and to distinguish the basic form of crime.Secondly,the fight against corruption has always been the top priority of the party and the government.The reasonable expansion of the object of corruption crime conforms to the current anti-corruption situation in China.Among them,the author believes that the current situation requires the expansion of the criminal object of corruption,and the core value of the modesty of the criminal law is to use the criminal law cautiously.It seems to be contradictory between the two,but to seek the balance between the two,so as to expand the criminal object of corruption crime can not only achieve the purpose of fighting crime,but also can not exceed the modesty of criminal law.The fourth part is about the legislative perfection of the object of criminal law corruption under the restraint of criminal law.This part elaborates the object of corruption crime from the perspective of perfecting legislation.First of all,in the crime of corruption,property interests should be identified as a crime object.Property interest refers to the interest with property value that can be measured by currency.Property is not only limited to absolute rights,but also includes many kinds of rights and interests.Such rich interests can be classified into positive interests and negative interests.Secondly,we should combine the principle of modesty and restraint of criminal law to perfect the object of corruption crime.Specifically speaking:first,the narrow sense of intellectual property rights can become the object of corruption crime for the following three reasons:first,the intangibility of intellectual property rights does not affect its property properties;second,the expression of intellectual property depends on certain external material forms;finally,the criminal law still retains the definition of public property and public property Therefore,in terms of nature,these interests still belong to public property.As it is easy to compete with other types of crime,the trade secrets of intellectual property rights can not be the object of corruption crime in a broad sense.Secondly,contraband is a kind of goods with certain social harmfulness.Combined with the principle of modesty of criminal law,in the crime of corruption,we can not take the absolute form of contraband as the object of crime,but can take the relative form of contraband as the object of crime.Thirdly,combined with the principle of modesty in criminal law,the real estate under actual control should be regarded as the object of corruption crime.There are three reasons:first,in the criminal law,the object nature of corruption crime is defined as public property,but this provision is not limited to the scope of movable property;second,from the perspective of objective interests,corruption crime belongs to the use of position advantages,and a series of illegal means such as fraud,theft and embezzlement are taken to embezzle the financial affairs.Usually,in the crime of corruption,the actor can manage,control and allocate public property by virtue of his own authority,and can completely own the public real estate under the management and control.Thirdly,in terms of the necessity of protecting public property,real estate should also be included in the scope of the object of corruption.Therefore,the author takes this as the basis,and puts forward relevant suggestions on the object of corruption crime in legislation,hoping to play a certain role in today’s judicial practice. |
