The Analysis And Restriction Of The Legal Interest Of The Market Economy Order

In recent years,a large number of controversial cases have occurred in the field of crimes against the order of the socialist market economy,which has led to dissatisfaction with social public opinion and contention in the theoretical world.Such cases reveal the inherent contradiction in the legal interest of the market economic order,but the existing methods of solving the problem have not touched the core of legal interest,and have failed to conduct a comprehensive review of the role of legal interest.Therefore,based on Chapter 3 of the Criminal Law,discussing the legal interest of the market economic order not only has theoretical value,but also provides a useful perspective for solving practical problems.To reflect on things,we must first clarify the things themselves.Since the connotation of the legal interest of the market economy order is unclear,we must first understand the concept of the legal interest of the order and its connotations.It is easier to find out where the problem lies by comparing the actual and supposed levels.Objectively describe the concept of legal interest in the market economy order,and summarize the common characteristics from related crimes according to the legislative intent,method of production,protection content and other abstracts,and interpret its general meaning.After understanding the actual state of things,the development source of the concept of legal interest and its purpose are introduced,the purpose of the concept of legal interest and its original meaning and value are discussed,so as to test and reflect on the deviation of the concept of legal interest of the market economic order in the current actual state from the original intention of legal interest.After clarifying the problem,the legal interest of the market economic order need to be analyzed.On the premise of using Hayek's theory of free order to discuss order,the possibility and possible deficiencies of order becoming legal interest are discussed.Then the crux of the legal interest of the market economy order can be discovered.Finally,it is necessary to find a possible solution.On the basis of deconstructing the legal interest of market economy order and then categorizing it,the legal interest of market economy order that can be restored are restored through specific measures.If it cannot be restored,it is restricted through some methods inside and outside the criminal law system.Although the question of legal interest involves legislative issues,the full text does not focus on the criticism of the legislation itself,but rather seeks the starting point of the problem from practice in order to discover the problem of legal interest itself,so as to expand the theory of legal interest and find a solution to the problem.The theory needs to serve practice.Therefore,based on the discussion of the legal interest of the market economic order,through the comparison and test of practical cases and specific crimes,the drawbacks of the lack of legal concepts and legal functions in judicial practice are resolved.The full text includes introduction,main text(it includes three chapters)and conclusion.The introductory part is intended to provide a background introduction to the issues to be discussed and to elicit the topics discussed.The body part includes the concept and reflection of the legal interest of the market economic order,the analysis of the legal interest of the market economic order,and the restriction schemes of the legal interest of the market economic order.Through the discussion and description of the concept of legal interest of the market economic order,the legal interest of the market economic order should be considered as a type of positive protection benefits which formed through regulating the various elements in the development of the market economy and the behavioral activities they constitute.Its purpose is to protect the normal market order and the legitimate rights and interests of relevant parties.It is State-based management,also regulation and the various types of market economic development should be targeted.However,this type of legal interest has its inherent defects.Through Hayek's theory to construct an explanatory model,it is found that the existence of the legal interest of the market economic order is related to the change of state tasks,and to a certain extent it has a deduction relationship with individual legal interest.In order to resolve the weak correlation between behavior and value,it is necessary to restore the legal interest of the market economic order,and those that cannot be restored are externally restricted through the principle of proportionality in the constitution and the linkage with administrative law.