| Object, opposite to subject, is a philosophical concept. In common view, object is the outside objective which subject acts on, and limits the activity of subject conversely. In brief, object is the outside objective which subject knows and acts on, and it includes substantial object and mental object. In philosophy, object and objective are used as synonym, and "object" is used more often. Our traditional criminal theory inserts that criminal object is the social relationship that criminal law protects and criminal action violates. This concept breaches philosophical theory and cannot explains itself in logic. And criminal object is considered as one constitutional condition, its function confuses the political function revealing criminal substance with legal function being criminal constitutional condition. This has severe limitation. Therefore, how to understand the concept of criminal object firstly shall make correct orientation of it. And researching the theory of criminal object shall be from inside and outside of constitutional condition. On legislation significance, crime object shall be replaced by legal interest, and it is the base of criminal theory and crimmal law. On behavior significance, crime object means the objective of crime, and is the constitutional condition.About the crime object of robbery, traditional criminal theory believes robbery infringes public and private property, and ownership theory has many problems in theory and reality. On crime object of robbery, traditional criminal theory has five disputes on the following: property is limited to material or not; property is limited to chattel or not; property includes property interest or not; and common property , contraband , property illegally acquired can be robbery object or not. So the property shall be "property" and property interest. Taking the crime object as property ownership, other original possession right and the need of resuming its legal possession has important theory and reality... |
