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在各种刑法适用疑难问题中,源自犯罪对象的争议乃至歧见相对较多。因此,梳理犯罪对象,厘清争议缘由,归纳解析路径,无疑有助于我们深化对于相关犯罪构成要素及定罪要点、方法的认识和把握。下面结合典型实例,分类作些探析。一、认识犯罪对象,首先有必要与行为对象作区分我国刑法通说认为,犯罪对象是表明犯罪客体(也称法益)要件存在形式的现象形态。①因此,透过现象看本质,经由犯罪对象准确界定危害行为所侵害的法益
Among the various difficult problems in the application of criminal law, the controversy originating from the target of crime is even more divided. Therefore, combing the object of crime, clarifying the reasons for the dispute and inductively resolving the path undoubtedly help us to deepen the understanding and grasping of the elements and convictions of the relevant crimes. The following combination of typical examples, classification for some exploration. First, recognize the object of crime, first of all, it is necessary to distinguish between the object of action China’s criminal law, said that the object of crime is that the object of crime (also known as benefits) the form of the existence of the phenomenon. Therefore, through the nature of phenomena, the law of criminality accurately defined by the criminals