Reflection on Excessive Formalization of Criminal Object in China
Although China's criminological system and the current situation of the judiciary recognize the constituent elements and value judgments of normative nature,the object of crime is treated in an over-formalized way.The phenomenon of excessive formalization of criminal objects eventually leads to the incon-sistent contradiction between expansion and limitation of the constituent elements,and causes incongruity in the internal system of criminal targets.The criminal object not only has the nature of material logic,but also has the nature of value judgment,and the value judgment of the criminal object is superior to the material logic of form.The reform of excessive formalization of criminal objects needs to bridge the excessive separation of objects of the crime and criminal objects,maintain the relatively independent nature of criminal objects,and practice functionalism substantive judgment and interpretation.
object of crimeexcessive formalizationvalue judgment
万方数据
维普
