The Nature, Content And Status Of Object Of Crime

There are a great deal of controversy in the basic theories ofmodem criminal jurisprudence. These controversies show that thescholars are continuously getting thorough understanding to the criminaljurisprudence, in the same time however, they resulte in manytheoretical defferences, whitch make the theories so complicated that itis very difficuty for average people to understand the basic principle ofcriminal jurisprudence. Such kind of phenomenon is disadvantageous tothe development of criminal jurisprudence. There stand many causes forsuch condition, and an very important one is, the author considers, thedifferent understanding to the foundation of jurisprudence. And the onethat is the most suitable foundation of jurisprudence, is nothing betterthan the demands of society itself. From such a viewpoint, the authorconstructs a new concept system of object of crime, which includes theessence and contents of object of crime.This text is totally divided into four parts, about 31,000 words.The first part, the general theory of society. Society meansmankind's community, which is made up of particular crowd in theperiod when they live together in, and has explicit social division oflabour, stable internal order and a set of rule system to maintain anddefend it. The society owns its independent development regulation, andit's the only way for human beings' development to obey this regulation.Because of the reason possessing singly by human beings, people wereaware of the existence of this kind of regulation gradually, and had toobey it. The law, as a set of perfect rule system for society, is naturallyserved for social interests; that is the first norm of law. It's the samecondition for the research of jurisprudence.The second part, the essence of object of crime. Object of crimemeans the things that the criminal act points to, in other words, thereceiver for the damage of the criminal act to society. There are a greatdeal of different views to the essence of object of crime. In order tothoroughly clarify this problem, it's needed to research the concept of crime. Crime is such a kind of special behavior that since its seriousdestructiveness to social stabilization, the society has to take very drasticmeasures to punish the actor to ensure its safety. So what is the verything the act of crime infringed upon? The answer is: legal interest,because only it can summarize all of these chatacters. Namely, theessence of object of crime should be the interest (legal interest) that isprotected by the criminal law.The third part, the contents of object of crime. According to thedifferent aspects of the basic requests of society, the author summarisesthe contents of object of crime to five elements: members constituting asociety, namely person, including personal life, health, freedom,property and personality dignity etc.Two is the decision mechanism andthe defend mechanism of society, namely political power and nationaldefense, including the existence and safe appearance of political power,as well as national defense benefits. Three is the environment element ofsociety, namely country territory, including the retention of the regionscope and the conservancy of the environment function. Four is theinternal order of society, namely the manage for the social public life,including social internal mechanism, the norms of conducts for thesocial public order, and the requests to special occupations. Five is themental state of society, namely the state of peacefulness and health,including religious system, ethics idea and morals emotion.The fouth part, the position of object of crime in constitutiveelements of crime. In the traditional theories of our country's criminaljurisprudence, object of crime is an important item (or aspect). Somescholars, however, have queried about this point in recent years. Theybelieve that object of crime shouldn't belong to the constitution elementsof crime, and list various reasons. The author considers that oneimportant reason of this lies in that there exist various blemishes in thetraditional theories itself, which, however, are able to be make up. Ifconstitutive elements of crime were considered as a evaluation systemfor the four aspect:the object, the objective aspect, the subjec, and the subjective aspect, then majority of those problems can be solved. Objectof crime is the primary necessary condition of constitutive elements ofcrime with the most inportance, and is the essence of an act of crime.