Pilot Study Of Legal Interest

Legal interest is generally thought as a criminal law concept, it is commonly defined as benefits protected by criminal law. But I think that the concept of Legal interest can also be applied to the entire field of law, and its connotation is also much wider than the benefit, but ought to be a value aggregation including four parts: freedom, justness, order and benefit. Constitution is the origin of the wide Legal interest, and the branch laws confirm the content of the narrow Legal interest. The Legal interests are also at different ranks that would let us decide how to make our choice when we face the Legal interest conflicts or how to make the punishment when the different Legal interests are infringed.Legal interest is not always exist and unchangeable, and each of its birth, change, extermination have its different reasons. We can use two kinds of redress methods when the Legal interests were infringed, private redress and public redress. To punish the offences infringed the Legal interests badly we should modified the fundamental that the offense, responsibility and the punishment should adapt to each other.There are five parts in this dissertation.In the first chapter there is the discussion and controversy of the Legal interest concept. The writer educes an argumentation by analyzing and comparing that the Legal interest ought to be a value aggregation including four parts: freedom, justness, order and benefit, compartmentalizes the Legal interests into wide Legal interest and the narrow Legal interest by the constitution and the branch law, and, expounds the reason.In the second chapter the writer classifies the Legal interest into different sorts by considering its arrangement and department,applying range,protecting range,protecting object,protecting social footing and protecting content, dissertates the ranks of the different Legal interests, and ,points out the significances.In the third chapter the writer expounds the concepts and reasons about the birth,change and extermination of the Legal interest, points out that the Legal interest can come into being based on law's authorization and person's definite behavior, can change because of the development of fertility,the variety of the social civilization and axiology, can perish because of the law's abolishment,person's chuck, protecting-time's out and its natural decease.In the fourth chapter the writer expounds the infraction and redress to the Legal interests, points out that breach of faith, tortious behavior, administrative nonfeasance, dangerous behavior and crime all can arouse the infraction to the Legal interests, gives the concept of the Legal interest redress, points out that we can use two kinds of redress methods when the Legal interests were infringed, private redress and public redress, classifies the redress methods in more details with the branch law, redress content to the injured party or defendant. The writer thinks that to redress the Legal interests should obey the fundamentals that: "To punish as long as having responsibility", "The punishment should severer than the infraction", "Justice should also be considered". At the last of this chapter the writer discusses the concept of absolution to the infraction and points out that the excuses from the laws and the understandings from the injured party can be the absolution reasons.In the fourth chapter the writer dissertates the relation of the Legal interest and criminal law, points out the detailed contents by giving examples of the criminal laws of different countries, dissertates the relation of the Legal interest and crime, gives a concept of crime with the concept of the Legal interest, suggests to add a faulty comment in the subjective aspect, to add a lawbreaking comment in the external aspect , and to use the Legal interest as the criminal object by questioning the existing crime-composing theory of our country, points out that it must be modified in laws and practice by looking back to the history of the fundamental that the offense, responsibility and the punishment should adapt to each other, points out that we should obey the modified fundamental to punish the offences infringed the Legal interest badly, and brings forward some advices by analyzing the shortcomings of the criminal law of our country.