A Study On The Relativity Of Legal Interests

Legal interest,just as its name implies,is to protect the benefit of the law.Legal interest concept is the core concept of criminal law theory of continental law system.There almost a consensus reached in criminal law field that the task of criminal law is to protect legal interest,and the essence of crime is that infringes upon the legal interest.In the 1980’s,China’s criminal law scholars began to import the concept of legal interest from German and Japan criminal law theory,at the same time they import the unresolved problems of legal nterest theory of Germany and Japan criminal law,such as what is the specific content of legal interest,what is the nature of that? Who is the subject of legal interest? What is the difference between the legal interest and the protection of the object? These problems become the main direction of China’s criminal law filed studying legal interest,while few people explore the relativity issues of legal interest.Whether the legal interests of relativity exists? If it exists,what is the performances in China’s criminal law? Relativity issues of legal interest equally deserves of our concern.There are five parts in the paper.The part of introduction introduces the reason of the selected topic、the source of writing material 、categories and the status of domestic scholars studying relativity issues of legal interest、the academic and practical significance of studying relativity issues of legal interest,and the innovation of the paper.The first chapter,“the production、development and evolution of legal interest’s concept”.Firstly,using time of the production、development and evolution of legal interest as the clue,introduces “The theory of rights fringement ” of A.Feuerbach、“The wealth concept” of Birnbaum 、 promotion to the concept of legal interest of Hegelian and expantion of the doctrine of Vienna、“The theory of status” of Binding、“The theory of interest” of Liszt 、 under the new Kant school influence the spiritualizing of the concept of legal interest and the legal interest concept of Nazi period,and thinks that the emergence of the concept of legal interest has historical significance.Then,introduces “Harm Principle” in Anglo-American law system thatsimilar to the concept of legalinterest.Finally,settled in our country,introduces the legal interest concept of chinese criminal law.The second chapter,“exploring relativity of legal interest”,from the macroscopic level of abstraction to explore whether legal interest has relativity.First,through analyzing the characteristics of interes concept of legal interest,finds the interests of relativity features;Secondly,by inspecting controversies of whether legal interest has positive law nature,obtains the positive law nature of legal interest,and from those three aspects that “the same legal interest has different content in different countries and regions”、 “the same country at different times,legal interests has different contents”、 “the same country,even at the same time,the legal interest of some law vary’”,analyzes positive law nature of legal interest containing relative characteristics;again through the theory analysis behind ground for elimination of illegality in continental law,finds that ground for elimination of illegality theory also contains relative features of legal interest;finally starting from the different status of legal interest,thinks that legal interest has relativity.The third chapter,“performance of legal interest relativity on China’s criminal law”,using specific provisions of our country’s present 《 Penal Code 》 as basis,discusses the relativity of legal interest from criminal legislation and judiciary aspects.In legislation,the specific system of 《Penal Code》、the sanctional of facts about a crime、legal punishment、“transforming crime”、special relationships existing in specific system and penal provisions for the protection efforts of different subjects of the same legal interest,all reflect the relativity of legal interest;In judiciary,crime amount of "disunity" 、special protection of victims,also reflect the relativity of legal interest.The fourth chapter “the persistence and limits of legal interest ”,the relativity of legal interest is adaptable to differences of socio-economic development and the subject of legal interest,those are its reasonable places,we should persist;At the same time,we must emphasize restrictions on the relativity of legal interest from the constitution and the basic principle of criminal law.In addition,based on equality concept,the personal legal interest of the same person should be given to non-discriminatory protection.