Theory Of Criminal Law Interests Hierarchy And Its Applications

The essence of crime is evolving from the social harm theory to rightsviolations theory, to infringement of legal interests. These evolutions containthe deepening process of human to law and society, law and state and human relations,and giving the concept with considerable depth of knowledge in differenthistorical periods.The theory of legal interests infringement despites theprocess, but also has its own shortcomings in the theory itself, and this theoryinadequate, has turned into a human catastrophe in reality---World War I and II.Nazi Germany regarded its national legal interests as the highest legal interests,which was higher than its domestic personal legal interests and other ethnicgroups’ legal interests. So they could maintained the so-called highest legalinterests at the expense of other legal interests, as a result, the war wasreasonable and legitimate in their domestic law.The disaster is caused by varietyof reasons, and the prevention strategies are varied, too. From the legalperspective, the author proposes the theory of legal interests hierarchy. Theauthor regards the severity of human development as a starting point to sort therelevant legal interests, which is as difficult as gene sequencing of human life,but cannot be avoided in the long history of human development. And qualitativebefore the real legal interests to define the legislative functions of the legalinterests; which with the moral relations are the focus points to closely amendour current law and social reality. The theory of legal interests hierarchy hasits strong practical usefulness.The constitution of crime in China is highlycontroversial. From the theory of legal interests hierarchy, the author proposesthe “one essence and three elements theory”, which regards the hierarchy’slegal interests as the core, to build the elements of the crime in a two-interactiveway between the subject, subjective and objective. Such kind of elements containsthe criminal elements of continental law system, which including deserves, illegal and responsibility; and has more advantages compares to the identification ofdual-mode in common law system, especially more in line with the objectiveunderstanding of law enforcement officers on the case in judicial practice.Fuzzywords in the legislation of our country not only affect the enforcement of thelaw, but also bring the unwanted difficulties for the public to know the law. Fromthe theory of legal interests hierarchy, the author mutual replaces the legalinterests infringed by various violations of the law, just like the money to thebirth of human. On the base of a popular and easily enforcement legal interests,the author replaces the fuzzy words in current law by digital, in order to achievethe Marxism: the highest form of science is the digital. Human beings are alwaysentangling in development and environmental protection, which should be reflectedin the criminal legislation. From the theory of legal interests hierarchy, thecontradiction between environmental protection and development should be unifiedto human survival, development and continuation, in order to achieve the maximumcombination between development the environmental protection.