What is the difference between object error and object error in criminal law?

The unclear boundaries between the two in the theoretical circles do not actually mean that their definitions or extensions are unclear, but that different factual errors are "competing" in the infringement committed by the same actor.

For example, if actor A wants to kill B, but mistakenly thinks C is the target of B, and if A shoots C to death at this time, then there is no doubt that A's act is a mistake of the target; However, if A mistakenly takes a fake gun at this time, mistakes C for B, and shoots at C, but does not kill C, then A's behavior at this time has two factual errors at the same time - the wrong means and the wrong object. This is the coexistence of different factual errors in the same tortious act, which we will call "factual error competition".

In the same way, in terms of object error and object error, when the perpetrator commits an act of violation, he will have two kinds of cognition in his subjective consciousness at the same time, one is who he wants to violate, which is the object of the crime he knows, and the other is the object of the crime that he will violate, both of which have a very clear understanding before the perpetrator commits the criminal act.

In the case of homicide, if a person wants to commit a murderous act, he knows very well who he wants to kill before committing the act, and he also knows very well that what he wants to infringe on is the object of the right to life of others. At this time, if he kills the other person as the person he originally wanted to kill, the object that the actor subjectively perceives is inconsistent with the object that he objectively actually infringes upon -- the object is wrong, but in this case, the object that the actor subjectively perceives as the object that he wants to infringe is the same as the object that he objectively actually infringes upon -- is the right to life of others, so there is no object error, only object error.

But if at this time, he mistakenly kills other people's livestock as the object of crime, then his behavior has both object error and object error, that is, the object of subjective cognition is human beings, and the actual object of infringement is not human - object error; The subjective understanding is that the object to be violated is the right to life of others, but in fact it is the property rights of others that are infringed upon.

To sum up, the object error and the object error can be regarded as a competition in the same infringement, and there is no ambiguity in the conceptual boundary between the object error and the object error.

Misunderstanding of law refers to an misunderstanding of the legal nature or meaning of one's own conduct when the actor consciously carries out a certain act. It is generally believed that there are the following three situations: First, the perpetrator mistakenly believes that he has committed a criminal act prohibited by the criminal law, but in fact the act is not a criminal act prohibited by the criminal law.

Second, the perpetrator mistakenly believes that the act he has committed is not a criminal act under the criminal law, but in fact the act is a criminal act under the criminal law. Third, he has an incorrect understanding of the criminal acts he has committed, in terms of the charges, the number of crimes, and the sentencing. Errors in factual cognition are divided into concrete factual misperceptions and abstract factual misperceptions.

"Errors in the understanding of specific facts" refers to the fact that although the facts known by the perpetrator are inconsistent with the facts that actually occurred, they do not exceed the scope of the same crime, including errors in the target, strikes, and causal relationships. "Misunderstanding of abstract facts" refers to the fact that the perpetrator knows the facts and the facts that actually occurred, respectively, belong to different criminal compositions, and according to the doctrine of statutory compliance, the crime shall be determined within the scope of subjective and objective unity for the misunderstanding of abstract facts. According to Article 14 of the Criminal Law, Zheng Ju's misunderstanding of the criminal law refers to the perpetrator's incorrect understanding of the legal significance of his or her own acts, or his understanding of the relevant objective facts that does not conform to the truth.

Misunderstandings include misunderstandings of law and facts.

1. The object is wrong, because the actor mistakenly infringes on object A as the object of B, and object A and object B embody the same legal interests, and the content of the actor's cognition and objective facts still belong to the same criminal composition.

2. Cracking down on errors, also known as method errors, refers to inconsistencies between the object of the actor's intended attack and the actual victim due to the actor's own error, but such inconsistency does not exceed the composition of the same crime. Strike errors are essentially consequential errors, i.e., other consequences that were not previously known to the perpetrator occurred.

3. The object error usually has only one behavior, one object, one result, and only one illegal fact, but the actor's subjective understanding of the object of the act has been deviated, as the saying goes, "admitting the wrong person"; Cracking down on errors is usually manifested in one behavior, multiple objects, and multiple outcomes, that is, the deviation of objective behavior leads to the emergence of other results, as the saying goes, "the fish in the pond".

Summary. Object errors and object errors are two different types of errors. Object error refers to the error caused by the operator not correctly identifying the object of operation during operation, while object error refers to the error caused by the operator not correctly manipulating the object during operation.

Methods and practice steps to resolve object errors and object errors:1First of all, the operator is required to carefully observe the operating object before operation, and confirm the type, characteristics, and location of the operating object to ensure the correctness of the operating object.

2.Secondly, the operator is required to carefully observe the operating object and confirm the status of the operating object during the operation to ensure the correctness of the operation. 3.

Finally, the operator is required to carefully check the operating object and confirm the status of the operating object after the operation is completed to ensure the correctness of the operation. Through the above steps, the occurrence of object errors and object errors can be effectively prevented, so as to improve the safety and efficiency of operations.

Object error and object error are two different types of error. Object error refers to the error caused by the operator's failure to accurately identify the operating object in the process of operation, while object error refers to the error caused by the operator's failure to operate the object correctly during the operation. Methods and Practices for Resolving Object and Object Errors:

1.First of all, the operator is required to carefully observe the operating object before operation, and confirm the type, characteristics, and location of the operating object to ensure the correctness of the operating object. 2.

Secondly, the operator is required to carefully observe the operating object and confirm the status of the operating object during the operation to ensure the correctness of the operation. 3.Finally, the operator is required to carefully check the operating object and confirm the status of the operating object after the operation is completed to ensure the correctness of the operation.

Through the above steps, the occurrence of object errors and object errors can be effectively prevented, so as to improve the safety and efficiency of operations.

Can you add, I don't quite understand it.

Attempt refers to the failure of the offender to complete the criminal act, while object error refers to the failure of the offender to complete the criminal act due to the error of the object at the time the offender commits the criminal act. Attempted crime refers to the offender's failure to complete the criminal act, which is due to the offender's own reasons, such as the offender's failure to master the criminal technique, the failure to obtain the necessary tools, the failure to plan the criminal act, and the failure to grasp the opportunity. Object error refers to the failure of the offender to complete the criminal act due to the error of the object when the offender commits the criminal act, such as the offender's failure to grasp the action of the object, the action of the object does not match the offender's expectations, the action of the object has an accident, and the action of the object is hindered.

In short, an attempt to commit a crime means that the offender fails to complete the criminal act, while an object error refers to the failure of the offender to complete the criminal act due to the error of the object when the offender commits the criminal act. The attempt is due to the offender himself, whereas the object error is due to the object. In addition, the attempt to commit an attempt and an object error are also treated differently in criminal law, and the attempt to commit an attempt is generally not recognized as a crime, while the object error is generally recognized as a crime, but the culpability can be mitigated.