In the preparation of criminal law knowledge, crime is one of the core test points. The constitutive requirements include the subject of crime, the subjective aspect, the object of crime and the objective aspect. When learning the object of crime, because the concept is abstract, many students are easy to confuse the object of crime and the object of crime, resulting in the deviation of the problem and reducing the accuracy of the problem. This section will help you answer questions quickly and correctly by analyzing the connection and difference between the two.
The object of crime refers to the socialist social relations protected by the criminal law of our country, including personal relations and property relations.
The object of a crime is the object of a crime, which generally refers to a specific person or thing.
First of all, the connection between the two
The criminal object is the carrier of the criminal object and the external expression of the criminal object. The criminal object is the reflection of the essential attribute of the criminal object.
2、 The difference between the two
Different attributes. The object of crime is a relatively abstract concept, which is a kind of social relationship violated by crime. For example, the object of theft is the ownership of public and private property; the object of robbery is the ownership of public and private property and the personal rights of citizens. The object of crime is the concrete manifestation of the object of crime. For example: stealing other people's wallet, the object of the crime is the property ownership of carrying other people's wallet; robbing innocent passers-by, the purpose of the crime is to carry out acts against passers-by. Another example: the object of the crime of bribery is the integrity of the position of the national staff and the normal activities of the national economic management, while the object of the crime is specific or part of the national staff.
2. Whether it constitutes a necessary condition for a crime. The object of crime is the basic element of all crimes, but not all crimes must have specific object of crime. Such as: illegal cross-border crime, escape crime, illegal assembly, demonstration, etc. Although these crimes violate social relations, they have no specific targets.
3. Whether it is necessary to be violated in the same crime. The most essential feature of crime is its serious social harmfulness. Among the four elements, social harmfulness is most directly reflected in the object of crime. Any crime must violate some social relations protected by criminal law, but the object of crime is not necessarily eliminated directly. For example, the suspect stole the victim's car from the hospital, leaving the victim out of control. The act directly infringes the property ownership of the victim, but the vehicle of the criminal object is not directly damaged by the act.
4. The object of crime is an important standard to distinguish this crime from this crime, while the object of crime is not. Ten kinds of crimes in the special provisions of criminal law are mainly based on the same social relations. For example, crimes of property infringement include theft and robbery; crimes of human and democratic rights violations include kidnapping, intentional killing and illegal detention. However, we can not directly classify all kinds of criminal acts according to the object of crime. Different crimes have different purposes. But in different crimes, the object of crime may be the same. Take the crime of smuggling pornographic articles and the crime of producing, selling and disseminating pornographic articles as examples. The targets of the crime are pornographic articles.