Research On The Pre-tend Of Legal Interest Protection

The traditional criminal law is the main object of punishment,which infringes the real offense of individual legal interests,which is the most primitive form of criminal punishment in the history of criminal law.The precondition of legal interest protection is the protection of legal interests from the protection of personal interests such as life,liberty,property and reputation to the protection of super personal interests such as system or function.With the change of social situation,the tolerance of criminal law to wrongful act is gradually decreasing,and the scope of penal punishment is gradually expanding.The establishment of more and more dangerous criminals is the best proof of this trend.The tendency of pre interest of legal interest protection is more and more obvious in modern society,which is closely related to the environment of modern society and the trend of modern social development.At the same time,in the process of law has been pre protection,expanding the scope of criminal penalties,the abstract dangerous crime is widely used in the legislation,these problems gradually began to appear,produced a larger conflict with the traditional theory of criminal law,or even to touch some of the foundation of modern criminal law,which caused considerable controversy.The first chapter expounds the characteristics of the preposition of legal interest protection,and combs the performance and measures of preposition at home and abroad.It also finds out the controversial points of different positions,namely negative position,affirmative stance and compromise position.In this paper,the characteristics of pre interest of legal interest protection are divided into formal characteristics and substantive characteristics.The formal feature is the generalization of the concept of legal interest,and the essential feature is the advance of legal interests in essence.In recent years,mainly through combing the domestic performance and measures of legal protection legislation to the front of the front view of the process,different positions from scholars of different voices and views,and to find and refine their arguments.The second chapter of this article tries to interpret the preposition of legal benefit protection from the functionalization of legal interest,and to find the justifiable basis of the preposition.The tendency of the development of legal interests includes the expansion of the concept of legal interest from material to the spirit,the spread of the legal interest,and the expansion of the basic point of legal interest to the nonhuman thinking.The difficulty lies in maintaining the legal principles of legal interpretation and legal function loss disorder critical function,functional interpretation of the law theory,to seek new development in difficulties,re interpretation of the concept of law,the concept of legal interest bearing function connotation more,in response to the changes of age the requirement of complex criminal legislation.The third chapter of this article,starting with the abstract dangerous crime,regards it as the carrier of the preposition of legal benefit protection,and thinks its expansion is necessary.The main reason is that the traditional criminal law has many limitations,such as the limitations of the traditional criminal law,and the adjustment of some high-risk behaviors.The abstract dangerous offense can make up for the other legal means in the protection of legal interests,and play an important role in the supplementary law.Although the abstract dangerous crime has been questioned at the beginning of its creation,it has great significance for the adjustment of some dangerous behaviors and the development direction of the criminal law.The fourth chapter summarizes the discussions in the first three chapters,and seeks for the new development of the concept of legal interest,so as to maintain its original connotation while advancing the concept of legal interest.The interpretation of the theory of dangerous criminals,while affirming its significance,examines the basis of punishment and the limits of its application,so as to justify the type of preposition.