On The Limitation Of Collective Legal Interest Protection

Because the criminal law amendments have been continuously introduced in recent years,the criminal circle in our country has shown an ever-expanding trend.In particular,the introduction of "The Amendments(VIII)to the Criminal Law " and " The Amendments(IX)to the Criminal Law " have made this trend more obvious.Looking at the contents of these two amendments,legislators have been expanding their penalties,mainly through the expansion of the scope of collective legal protection.However,on the other hand,there is a lack of research on collective legal interests in the theoretical circle.This contrasts sharply with the legislative activities that have continuously expanded the scope of collective legal interest protection.Lack of theoretical support and criticism may lead to biased legislative work.Therefore,it is necessary to strengthen the theoretical research of collective legal interests,learn from and use the research results of extraterritoriality,and enrich the domestic theory of collective legal interests.The full text consists of more than 40,000 words and is divided into five parts.They are divided into five parts: an overview of the collective legal interest,the necessity and possible conflict of collective legal interest protection,the causes of conflict caused by collective legal interest protection,the principle of protection restriction,and the application of the restriction principle.The first part summarizes the benefits of collective law.Collective legal interest refers to the legal benefits that all individuals have in common and cannot be split.The collective legal interest is emphasized because of the transformation of state tasks and the development of modern criminal law.Collective legal interest has been accompanied by the controversy between monism and dualism.Today,the theoretical dispute reflects the vitality and importance of the concept.The monistic theory emphasizing personal legal interests and the dualism emphasizing the independence of the collective law and interests have reached a consensus on the point that the "community exists for the individual".At the same time,the dualism is more reasonable in responding to contemporary realities.The dualism should be amended as a collective legal interest.The theoretical basis of protection.Collective legal interests are characterized by their importance,inclusiveness in use,non-adversarial nature of consumption,indispensability,and advancement of protection.The second part is the necessity of collective legal interest protection and the conflicts it brings.The protection of collective legal interests is reflected in the codes of various eras and is closely related to the country's tasks at that time.The maintenance of an individual's free development environment also requires the protection of collective interests.At the same time,from the perspective of historical development,the expansion of collective legal protection has the risk of falsifying legal concepts,which may lead to conflicts between state power and civil rights,as well as innovations that affect economic society.The third part causes the conflict caused by the collective legal interest protection.The concept of collective legal interests has become obscure or inflexible.The criminal law has made criminal law become a tool of criminal policy.Criminalization of criminal law has become a tool of criminal policy.The positivism of collective legal protection and the activism of means and the theory of non-value of behavior have benefited the expansion of collective law.Sex also allows legislators to constantly expand the circle of crime.Part IV The principle of the limitation of collective legal protection.The restrictions on the protection of collective law interests should be limited in two aspects,namely,the principle of restriction of protection objects and the principle of protection measures.In the principle of protection object limitation,the authenticity and social recognition of the collective legal interest are first considered,and then whether the criminal law protection should be restricted by the proportionality principle.In the principle of restricting protection measures,first of all,through concrete principles,the violation of collective laws and interests should be embodied as much as possible to prevent unnecessary protection in advance.Finally,according to the principle of constitutionality,the provisions on the protection of collective law interests and the related criminal policies are in conformity with the constitutional provisions.The fifth part of the collective legal interest protection restrictions apply.The classification of group law interests based on the content and function of the collective legal interest means the collective legal benefit of creating a free space for individual self-realization and the collective legal benefit of protecting the conditions of a country's architecture.Applying the specific protection limit principle in the previous section,we will make judgments on the protection of collective legal interests in the criminal law sub-regulations,and conduct an example analysis of the collective legal interests protected by pollution of environmental crimes,insulting of the national flag,national emblem,national anthem crime,and terrorism crimes.