传统观点认为犯罪客体是被犯罪行为所侵犯而为刑法所保护的社会关系。但是随着法学研究的深入,学者们提出了不同的学说,从社会利益说,权益说,再到法益说。从这些新学说都能看出我国刑法学在不断的进步。同时,伴随着对犯罪客体本质含义的不同认识,也引起了犯罪客体在犯罪各构成地位的问题争论,肯定说否定说各有所说。但是,在民主,人权,法治日益彰显的今天,我们认为,应该从法益角度重新界定犯罪客体的实质,同时重新定位犯罪客体,将它从犯罪构成中分离出去。 The traditional view that the criminal object is violated by criminal acts and protected by the criminal law of social relations. However, with the deepening of the study of law, scholars have put forward different theories. From the point of view of social interests, the theory of rights and interests and then the theory of legal interest say. From these new theories, we can see that our country’s criminal law is making continuous progress. At the same time, with the different understanding of the essential meaning of the criminal object, it also arouses the controversy over the status of the criminal object in each constituent crime. However, as democracy, human rights and the rule of law have become increasingly prominent, we think it is necessary to redefine the essence of the criminal object from the point of legal interest and at the same time, reposition the criminal object and separate it from the constitution of crime.