Traditional Culture Encyclopedia - Traditional festivals - Please understand the law and come in to solve what is the objective aspect, the subject and the subjective aspect of crime.
Please understand the law and come in to solve what is the objective aspect, the subject and the subjective aspect of crime.
Refers to the socialist social relations protected by criminal law and infringed by crime.
For example:
The object of the crime of swindling and cheating is the prestige of state organs and their normal activities.
The object of perjury-compound object, that is, this crime not only hinders the normal judicial order of the country, but also infringes on the personal rights of citizens. On the one hand, the act of perjury hinders the national judicial organs from finding out the facts of the crime smoothly, on the other hand, innocent citizens may be subject to criminal prosecution that they should not have been subjected to.
2. The objective aspect of crime
Refers to the objective external manifestations of criminal activities. Including harmful behavior, harmful results, causal relationship between harmful behavior and harmful results. (The constitution of some crimes also requires that they occur at a specific time, place or use a specific method. )
For example:
The objective aspect of the crime of swindling and cheating-the perpetrator impersonated the staff of state organs and the people's police to commit swindling and cheating.
The objective aspect of perjury is the act of proving perjury for the circumstances that have an important influence on the case in the formal proceedings of the doer.
3. Subject of crime
Refers to a natural person who has reached the legal age of criminal responsibility, has the ability of criminal responsibility and commits harmful acts. Some criminal constitutions also require a special subject, that is, a person with a certain status or identity. A few crimes, according to the law, can also become the subject of crime.
For example:
The subject of the crime of swindling and cheating is the general subject, that is, a natural person who has reached the age of 16 and has criminal responsibility.
The subject of perjury is a special subject, that is, only witnesses, experts, recorders and translators in criminal proceedings can become the subject of this crime.
4. Subjective aspects of crime
It means that the perpetrator is guilty (including intentional and negligent). The constitution of some crimes also needs specific criminal purposes or motives.
For example:
Subjective aspect of the crime of fraud-intentional.
The subjective aspect of perjury is intentional, and the perpetrator has the intention to frame others or conceal criminal evidence.
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