再论犯罪客体的概念问题

Restudy on the Concept of the Object of Crime

在我国传统刑法理论中,关于犯罪客体的概念存在着一定的弊端。将现行的犯罪客体概念修正为:犯罪客体是指犯罪行为侵犯的、为我国刑法所保护的社会主义社会关系和国家、社会、集体组织和公民个人的权益,易于人们接受和理解,也避免了犯罪客体和犯罪对象发生矛盾的问题。

Considering that some defects concerning the concept of the object of crime still exist in Chinese traditional criminal theory, it is therefore suggested that the concept be revised. In this author's point of view, the object of crime refers to unlawful acts which violate the social relations and the rights and interests of the state, society, collective organizations and the citizens protected by the criminal law of the country. It is further pointed out that such an acceptable and understandable concept could also avoid the concept contradiction between the object and the target of crime.