Jurisprudential Reconstruction To Legal Interest

The theory of legal interest, which is from the criminal law in Germany, has got high status in the jurisprudence of Japan and TaiWan. And it has recently been introduced into China. The theory of legal interest displayed high academic vitality, and became a central researching object quickly. The domestic study to legal interest has already got beyond the limitation of criminal law. But there are also some kinds of problems came out of this situation of popularity. It is the aim of this thesis to deal with those problems, by reconstructing the concept of legal interest.The causes for this thesis to do the reconstructing work are based on the following considerations: each branch of law, criminal law or other laws, has showed a eagerly demand to the concept of legal interest which would be full of jurisprudential meaning. At the same time the works of The Jurisprudence of Interest and the deep research to those basic legal concepts, such as right and power, have made a good preparation for the reconstruction to legal interest.To complete the work, the history of theory of criminal legal interest was cited at first, and secondly the demand and preparation mentioned before was interpreted, and then those related concepts, such as interest, right, power, were compared and analyzed. And the similarity and difference between them were emphasized. Then in chapter five, some imperative approaches were suggested.By taking those steps mentioned, this thesis tried to prove this: legal interested should be treated as the ontology of law, and as the fundamental concept to the whole jurisprudence. That arrangement would enable us to deepen our understanding to law, and consolidate the theoretic system of jurisprudence.