刑事犯罪客体:现代解释

M. I. Panov, S. Kharytonov, V. Haltsova
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引用次数: 2

摘要

现代法治的执法和司法机构,以及整个社会对犯罪表现形式的斗争,必然与深入研究犯罪(以下简称刑事犯罪)、其本质、构成体系要素的结构、外在表现形式、,这是发展打击刑事犯罪的最新有效手段的先决条件。在这些问题中,刑事犯罪的对象特别重要,因为它对确定犯罪的社会特征有重大影响,并在很大程度上决定了其实际的客观和主观特征。与此同时,科学家们对犯罪对象的解释并不一致。因此,这一问题尚未得到充分研究。本研究的目的是科学地分析现代人对刑事犯罪客体的看法,并确立这一概念的科学内容和本质。为了实现这一目标,采用了以下方法:辩证法、历史法、教条主义法、比较法、系统结构法、法律解释学。文章分析了关于刑事犯罪客体定义的现有科学方法(立场),这些方法被系统化并简化为两个概括的群体:1)本体论,包括承认犯罪客体(刑事犯罪)受到刑法公共关系保护的立场;2) 价值论,包括将客体解释为价值和相关定义:利益和个人利益。作者得出了一个合理的结论,即刑事犯罪的客体是社会中产生和存在的关于其社会价值的社会关系,这些社会价值受到刑事责任法的保护
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Object of criminal offenсe: Modern interpretations
The struggle of law enforcement and judicial bodies of the modern rule of law, as well as the entire society with the manifestations of crime is necessarily connected with the need for an in-depth study of crimes (hereinafter referred to as criminal offences), their essence, the structure of the constituent system elements, forms of external manifestation, which is a prerequisite for the development of the latest effective means of countering criminal offences. Among these issues, the object of a criminal offence is of particular importance, as it has a significant impact on the determination of the social characteristics of the offence and largely determines its actual objective and subjective characteristics. Meanwhile, there is no unity among scientists in the interpretation of the object of offence. The problem has therefore not yet been sufficiently studied. The purpose of the study is a scientific analysis of modern views on the object of a criminal offence and the establishment of a scientifically based content and essence of this concept. To achieve this goal, the following methods were used: dialectical, historical and legal, dogmatic, comparative, system-structural, legal hermeneutics. The article analysed the existing scientific approaches (positions) regarding the definition of the object of a criminal offense, which were systematised and reduced to two generalised groups: 1) ontological, which includes positions that recognise the object of a crime (criminal offence) as protected by criminal law public relations in various modifications; 2) axiological, which includes the interpretation of the object as values and related definitions: benefits, and individual interests. The authors made a reasoned conclusion that the object of a criminal offence is social relations that arise and exist in society about its social values, which are protected by the law on criminal liability
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