Research On The Function Of Legal Interest In Criminal Law

Criminal law is in essence a law which protects the legal interests, the task of the criminal law is to protect legal interests that be violated by criminality. Legal interest is the cornerstone of the criminal law theory, and plays an enormous role in the criminal legislation and judicial practice. But in the criminal theory of our country, the research of the legal interest is quite poor and late. The purpose of this article is based on the analysis of the legal interest in the criminal law, make a summary of its function on the theoretical understanding, the criminal legislation and the judicial practice, reveals the fundamental value of the legal interest in criminal law.Introduction of this paper is mainly introduces its research significance, the research status and innovative points.The first part, we mainly make a research of legal interest in criminal law. In this part, the author make a study of the history of the legal interest in criminal law, and we briefly introduce the whole procession of its emergence, development and mature, to help to make some reference to the criminal theory of our country today. Then we also start a thorough analysis to the concept, classification and structure of the legal interest in criminal law, and make a comparison of the similar and related concepts, aim to put a through analysis to the function of the legal interest in criminal law under the promise of a clear connotation and extension of it.The second part, we talk about the theoretical function of the legal interest in criminal law, that is to realize the essence of the crime. After having introduced some different views on the essence of the crime, we briefly analyze the defects of several other views in a comparing method. Through the detailed comparison of the theory of legal interest violated and the theory of social harmfulness, we prove that the essential characteristics of crime is violating the legal interest in criminal law.The third part is to talk about the legislation function of the legal interest in criminal law. The author persist that the legal interest in criminal law may ensure a reasonable scope of the crime, instruct the setting of the penalty, guide arrangement of the specifics system of the criminal lawThe fourth part is talking about the judicial function of the legal interest in criminal law. It may distinguish this crime from another; It is also the according of the legitimation reason; Distinguish crime completed form; Reasonably determine the crime number.Four or five parts; Epilogue. Summary gist, end the full paper.