犯罪客体之新视野

New Views about the Criminal Objects

刑法是保障法,是第二次保护的规范。刑法调整的不是一般的社会关系,而是经民法、行政法等其他法律调整过的社会关系即法律关系,因此,犯罪客体的本体应当是法律关系而不是一般的社会关系,具有广泛性、重大性、多重法律属性等特点。犯罪客体属于判断而不是概念的范畴,其内容是“行为对法律关系的破坏性”即行为的违法性。犯罪客体的实质是就行为的法益侵害性进行判断。

The criminal law is a security law and also protection regulation of the second time. What adjusted by the criminal law is not a common social relationship, but a legal rdationship adjusted by the civil law, administrative law and other laws. So the object of crime belongs to the legal relationship with features of extensive, importance and multiplicity. The object of crime belongs to the category of judgment but not a concept, and its content is the behavior to destructiveness of the legal relationship, that is the behavior violated against the law. The essence of the object of crime is the judgment on law profit violated by the criminal behavior.