法律关系客体之探究

受法律调整的社会关系即为法律关系 ,受刑法调整的社会关系即为刑事法律关系。刑事法律关系的客体应是刑事法律关系主体双方权利和义务所指向的、受刑法所保护的、被犯罪行为所破坏的社会关系 ,不应是具体的物、智力成果、行为。法理学、民法学、经济法学中均将法律关系客体界定为物、智力成果和行为 ,与刑事法律关系客体不一致。在理论上应将其统一起来

Comment on the Object of Legal Relationship

Legal relationships are social relationships regulated by law. Those relationships regulated by criminal law are criminal legal relationships. The object in criminal legal relationships refers to social relationships directed against by the rights and obligations of the two subject parties in criminal legal relationships, protected by criminal law and violated by criminal conducts. The object does not refer to concrete object, nor intellectual property of conducts. While in Civil law, economic law and jurisprudence, the object in legal relationships is defined as concrete objects, intellectual property and conducts, which does not accord with the object referred to in criminal legal relationships. Thus, both should be put in accordance with each other theoretically.