[KeyWords]ObjectOfCrime ObjectOfConduct ConstituteSystemOfCrime Contact Difference

    Object the object of the crime and the act in criminal law is two have connection already, have more different concepts, they constitute the system respectively occupies an important position in the different crime, and the criminal law of our country and the difference between the two fierce controversy. How to grasp the relationship between the object of the crime and the behavior of object, is of great significance for the determination of the crime behavior, but also to build legal system has significance Chinese features profound. The analysis of the two is made, the specific application of the law, and also for some.

    A,The concept of object of crime

In the former Soviet Union closed type crime constitution theory, the object of the crime is the primary elements. The object of philosophy means the objective things outside the body of the object, but the object of crime and philosophy but cannot be mentioned in the same breath. The object of the crime is a kind of relationship or interest, in short, the object of the crime is violated by criminal acts the social relationship protected by criminal law. Therefore, the object of the crime is any crime is essential, but the specific object different criminal violations of the different. Tong said that the two conditions: the abuse of criminal acts, the protection of criminal law.

The object of the crime first embodies a kind of social relationship, social relationship is the sum of the relationship between people and people in the society. From the relationship between the both sides, including the relations between individuals, the relationship between individual and collective, the relationship between the state and individuals. From the relationship between the field of view, including the economic relations, political relations, legal relations. In addition, the important domain in military, religious and social relations. But only when it is infringed, the have become the object of the crime in the criminal law.

The reason that the might, because not all social relations are the object of the crime. Criminal law as a special means of adjusting social relationships is an important yet, their severity significantly larger than the method of adjusting the other, so the general social relations (such as neighborhood relationship, friendship and love relationship) only by moral or other department law regulate. Only those related to the country, society, people's vital interests, to maintain normal social relations and social life of the existence and the development of the criminal law adjustment and protectionChina's criminal law, such as the stability of regime, the public security order, the order of the socialist market economy, the citizen's personal rights, democracy, an important property relations. This is decided by the supplement of severity, criminal law, and finally the modest means, otherwise, would violate the principle of legality of criminal law (criminal law regulations proper).

     Two, the concept of behavior

The behavioral object (or objects) to refer to people or things by criminality direct point.

The reason why the author did not use the "object of crime", due to different object of crime and acts of object is. According to China's criminal theories of general, the object of crime refers to the specific crime behavior to influence or direct action and concrete, and, the object of crime is the manifestation of the object of the crime, is the relationship between essence and phenomenon. According to this theory, we can conclude that, the object of crime is a crime against the person or thing, directly at the same time, the criminal object and the object of the crime is one one correspondence, therefore, any criminal act will have the object of crime. But the fact is, some crimes do not exist the crime object, such as the crime of escape, it violates the criminal object is not specific people or things, so it inevitably brings the theory of the embarrassing situation. Although some scholars think, the object of crime of breakout is themselves, but this is not draw a forced analogy. Therefore, I agree with Professor He Bingsong in the view of criminal law "in the" new course, namely direct object of crime is the act, only to retain the original crime object pointing to a specific person or thing function. In addition, the author also believe that excluding raw crime object features can be incorporated into the object of the crime. Therefore, in the absence of specific objects of a behavior, we need to grasp the overall, perception, judgment, to analyze this behavior is a violation of the object of crime, after all, only by behavior object can not from the overall grasp the overall appearance of a crime.

In civil law countries, such as Germany and Japan, the behavioral object is classified into confkrmity of constitutive elements, and not the object of the crime as independent status. Needs to be pointed out is, infringement object is not in any way by crime, such as illegal possession, possession of firearms, ammunition, guns and ammunition is the object of crime, namely, object of action, but it has not violated, the behavior object cannot be simply understood as the victim or victims object. Therefore, some scholars will conduct objects are defined as "the practice of people or things" by criminal acts of the lack of a slight, such as the "damage" to "point", is more appropriate.

Three, criminal object and behavior of object

First, the object of the crime and the behavioral object is the content and the form, essence and phenomenon, the relationship between abstract and concrete, the object of the crime by behavior object shown in most cases, the behavior of objects in most cases is the object of crime than in the performance, or always act by acting on the behavior of objects to violations of criminal law to protect the interests of the. For example, robbery, which directed that the property of others, but the property is hidden behind the criminal law to protect the right of ownership of property. Abstract the object of the crime of criminal law by means of protection to protect the concrete behavior object.

Secondly, in some crime has become a system, behavior object can be included in the object of the crime. A system and Anglo American double level crime in progressive crime in continental law countries constitute the system, though not the object of the crime of the elements, but it contains the concept of object of crime or spirit. They will be the concept of crime object into the behavior object and the object of protection, the behavioral object is the object of action, while the objects of protection is the protection of the law - law, law is the legitimate interests. But in our criminal law theory, and does not distinguish between the object and the object of strict protection act.

    Four,The difference between the object of the crime and the behavior of objects

Although the criminal object and the behavior of objects with multiple links, the difference between the two is far greater than the common, which is mainly reflected in the following aspects:

   (a)Essence and phenomenon, abstract and concrete difference

    The object of the crime is the criminal law to protect the social relations, is a kind of abstract interest, is the essence of social harmfulness of the crime; and the behavior of objects is a criminal offence or specific people, is the objective external reality, is a crime social hazardous phenomena. Before it, the crime of seizing behavior object is another property, and the protection of the violated object is the ownership of property by the criminal law. The object of the crime and the behavioral object is the essence and phenomenon, the relationship between the abstract and concrete.

   (two) the nature of the crime behavior determines whether

Generally speaking, the object of crime directly determines the nature of the crime behavior, and the behavior of objects does not affect the judgment of the nature of the crime behavior. For example, rape and forced obscene, insulting women sin, two objects are women, so only by behavior object cannot judge the nature of behavior, only to the violations of the object can be determined. Rape crime is the free women's rights, and the coercive indecency, insult women crime is women's sexual shame, in this way, nature, two kinds of behavior of the malicious is stick out a mile. Therefore, the object of the crime is a crime behavior decision criteria.

   (three) is the essential element of crime

In the former, the object of the crime is any crime of essential elements, the object that all criminal acts are against the criminal law protection, objective facts and behavior is not all the crime exists. For example, the crime of escape, no specific behavior object, but the object of infringement is very obvious, but the national machine management order.

   (four) if the foundation for the classification of crimes

    According to the object of the crime determines criminal nature of the fact, and the elements necessary for any crime, the nature and the scope is fixed, because the object of the crime can be the basis for division of crime categories, similarly, behavior object cannot have this function. In the criminal law of our country as an example, ten kinds of charges of criminal law is divided according to the object of the crime, and not according to the object of action, because it cannot determine the behavior nature, nor the essentials of crime. But the behavior of objects of the same kind of crime, can rise to classify different kinds of specific crimes boundaries, such as the crime of endangering public safety, because of its behavior of different objects and divided into different charges.

   (five) is violated

The object of the crime would suffer violations in any criminal activity, therefore are also determines the danger and harm nature of behavior. There is a need to explain, in violation of criminal law can not be simply interpreted as the actual damage, it can be represented as a real violation and the possible infringement (danger or damage) two cases. While the behavior of objects is not necessarily for the victims, had to say,Illegal possession, possession of firearms, ammunition, guns and ammunition is the object of crime, namely, object of action, but it has not affected.

Five,The application of the object of the crime and the behavior of objects

China's criminal law scholars long cited the Soviet criminal law theory, the primary elements of the crime as the object system is the important role. But now, with the development of society and the theory of the development of the object of crime, as the system of constitution of crime elements of the theory have been questioned by more and more scholars. Therefore, the object of crime of status and function of reflection, forBuild in line with the development of the criminal theory system will be of great advantage.

As professor Zhang Mingkai points out, all crime infringed the legal interests, is not equal to the law itself is the constitution. For example, all crime in violation of the criminal law, but the criminal law is not in itself a crime. Visible, the object of crime as elements, a concept secretly suspected. Many scholars in the view, the author first summarized as following:

First of all, as the criminal constitutive elements system should be the substantive content, and the object of the crime as a protected by criminal law of social relations, interests, its itself can not be a system of constitutive elements of crime.

    Secondly, the object of the crime refers to the criminal acts against the law, but to determine whether an act is a violation of the law, and the necessary legal interests, and can not be directly determined by the object of the crime itself, but by the object, the subjective state of mind to confirm. Otherwise, not only no practical significance, but also into the concept of circular logic errors, but also violates the aim theory "elements" range is proposed.

   Once again, to determine the legal interest in criminal elements of the content has the decisive significance, will benefit as the crime concept and not as elements, and contribute to the nature of the crime as a guide to explain the elements of criminal law.

It is because of the above reasons, the range of system theory is gradually out of the former Soviet Union said the four elements of a crime in our modern criminal law (and even some scholars advocated abandoning the concept of the object of the crime), to learn German and Japanese progressive crime more elements, namely by the Constitution of the crime of illegal, there should be, the liability of crime as a system requirement, the behavioral object included in the conformity, as long as meet confkrmity of constitutive elements, does not have the illegality of obstructed, it can be concluded that the behavior of damage to the interests of law, namely the infringed object of protection.

But the German and Japanese system of constitution of crime theory also has its shortcomings, the damage to the interests of law is the essential ingredient and accountability to performance, confkrmity of constitutive elements of crime behavior object, object of action, as mentioned above, sometimes does not exist, it makes the theory is a fly in the ointment.

Therefore, the author holds to from beginning to end, the object of the crime is necessary and important, it does not need to be the system of constitution of crime elements, but still have to judge the crime of giving full consideration, abandoning the criminal object views no matter in theory, or in practice, it is impossible. As mentioned above, the object of the crime determines the nature of crime, is the basis for the classification of crimes, sometimes only depend on the behavior of objects as well as the main body, the subjective aspect, not enough to completely determine the behavior of the nature. Moreover, some crime does not exist the specific object oriented, this crime can span concrete behavior object and a direct violation of social relations, therefore, if not for the final object of the violation of, not from the overall situation, grasping a whole, perception, judgment behavior nature, is unable to accurately evaluate the behavior. Therefore, we can not generalize the object of crime into the system of constitution of crime, also cannot be excluded from consideration, but in the act of recognition object, not the object of the crime, the premise of constitutive requirements of crime is under two, as far as possible into considered, the evaluation scope, only in this way can we a comprehensive grasp of the crime appearance, accurate evaluation of crime.

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