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Object of a crime theory

Author: PengHua
Tutor: XiangChaoYang
School: Sichuan University
Course: Criminal law
Keywords: Constitutive elements of crime object of crime primary necessary condition legal interest.
CLC: D914
Type: Master's thesis
Year: 2003
Downloads: 262
Quote: 1
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Abstract


Constitutive elements of crime are one of category crime core of theory as criminal jurisprudence basic theories, and have always been deemed to be foundation stone and basic content of crime theory. It places itself above individual crime fact, abstracting and summarizing with general, universality total of necessary condition that comes out of various kinds of crime fact. As regards its essence, constitutive elements of crime are that one comes from life prototype, higher than the life prototype again, standard plan "model" that is made by criminal law. In this model, whether object of crime occupies status or not and which kind of status it occupies is prerequisite and basic problem that it cannot avoid to solve constitutive elements of crime’s whole concrete structure. As to this, Chinese criminal jurisprudence has a great deal of different views to object of crime’s necessary existence in whole constitutive elements of crime. To sum up, there are three kinds of views. First, four necessary conditions of constitutive elements of crime. This is general view in our country’s criminal jurisprudence. This view thinks that object of crime is essential component of constitutive elements of crime, namely, object of crime has necessary condition status in whole constitutive elements of crime. Second, three necessary conditions of constitutive elements of crime. Namely, the whole constitutive elements of crime include crime objective respect, crime subject, crime subjective respect. Third, two necessary conditions of constitutive elements of crime. Namely, the whole constitutive elements of crime include crime objective respect, crime subjective respect. The second view and third view in common is that object of crime’s essential and independent status is wiped off in the structure construction of constitutive elements of crime. While it is thought that object of crime is one of redundant condition in the present system of constitutive elements of crime, and its existence has nothing to do with declaration of guilty and measurement of penalty. Secondly, meaning of object of crime is an answer to the fundamental theoretical problem of "what is object of crime" or " object of crime iswhat". While our country’s criminal law scholars’ different answers to this problem form the different views to object of crime. Among them, most typical and representative views run as follows: First, socialism social relationship and social relationship. It is thought that object of crime is socialism social relationship or social relationship which is protected by our country’s criminal law, but is violated by the criminal behaviors. Second, target. It is thought that object of crime is criminal target. Third, right. It is thought that object of crime is the right that is protected by the criminal law. Fourth, legal interest. It is thought that object of crime is the interest that is protected by the criminal law (legal interest). In the face of the above theoretical dispute, it is very essential and important to further investigate object of crime. This is exactly original intention of selected title of this text too.So, seeing that a great deal of concrete settlement of theoretical questions that correlate with object of crime and to criminal judicial practice to distinct concrete great theory value of structure of "constitutive elements of crime", great meaning is deep to touch this basic problem which exist in basic field of crime theory. Base on national culture background, insist this nationality peculiar mode of think, proceed from our country’s system of constitutive elements of crime, meet instant civilization and current society way with object of crime by oneself, and draw the conclusion: object of crime essentially is legal interest of criminal law. Namely, the content of object of crime should be the interest that is protected by the criminal law (legal interest). Object of crime is the primary necessary condition of constitutive elements of crime, and is one of the module of the constitutive elements of crime m

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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