Title: Introspection and reconstruction on the traditional theory of criminal object
Abstract: There are many defects in the traditional theory of criminal object, which is currently defined as “ social relation” . More and more scholars find out that “ social relation” lacks the essential content to be criminal object in criminal constitution system. Therefore, it is unable to distinguish crimes from other kinds of actions. This article points out that in order to perfect the theory of criminal object, we should redefine criminal object and turn it into a specific rule or some standard capable of making out crimes. Meanwhile, present criminal constitution theory refers criminal target to person, fortune and invisible fortune. Its content is specific, real and apt to be imagined by the people. Criminal target coincides with other- three elements of criminal constitution because of the same essential characters. Being combined with other- three elements, criminal target can make it sure what crime is. As a result, the article draws the conclusion that when defining criminal object, the content of criminal target ought to take the place of “ social relation” .
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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