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在我国传统的刑法理论中,犯罪客体是指被刑法所保护、而被犯罪行为所侵害的社会主义社会关系,这一定义长期占据着统治地位。随着我国刑法学的发展,学者们提出了种种不同的学说,从犯罪对象说、社会利益说、权益说,再到法益说。在社会快速变革的今天,对刑法理论的发展也提出了更高的要求,应当审视和借鉴“法益说”中部分理论来重新界定犯罪客体的内涵和外延,从国情出发,把传统的犯罪客体理论修改为:犯罪客体是指犯罪行为所侵犯的、受到我国刑法所保护的社会主义社会关系和国家、社会和公民个人的权益。
In our country’s traditional criminal law theory, the criminal object refers to the socialist social relations that is protected by criminal law and infringed by criminal acts. This definition occupies a dominant position for a long time. With the development of criminal law in our country, scholars have put forward various theories, from the criminal object to say that the social interests say that the rights and interests say, and then to the benefits of law. Today’s rapid social change also puts forward higher requirements on the development of the theory of criminal law. We should review and learn from the theory of “law and interests theory” to redefine the connotation and denotation of criminal objects. Starting from the national conditions, the traditional The theory of criminal object is revised as follows: The object of crime refers to the violation of criminal acts, the socialist social relations and the rights and interests of the state, society and citizens protected by our criminal law.