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.
关键词
犯罪对象/过度形式化/价值判断
Key words
object of crime/excessive formalization/value judgment
维普
万方数据