On The Protection And Boundary Of Criminal Law Of Collective Legal Interests

At present,China's criminal law legislation has been showing a positive trend of criminal expansion,and the intention of social risk prevention and control of criminal law is obvious.In the context of the formation of a positive concept of criminal law legislation,legislators should not only actively play the risk prevention function of criminal law legislation,but also prevent the irrational expansion of criminal law legislation,so as to achieve the value balance between punishing crimes and protecting human rights.Based on the transformation from "rule of law country" to "social country",the task of state and criminal law has been changed,and the original theory of legal interest has been influenced by the transformation.As the "one and only one code" to resist social risks,collective legal interest is not only the driving force of risk prevention,but also the key factor to limit the irrational expansion of criminal law.Therefore,it is necessary to re-examine the connotation,characteristics and value objectives of collective legal interests,clarify the changes in the relationship between collective legal interests and individual legal interests,so as to provide theoretical support for the classification and protection of collective legal interests.In addition,the thinking of the reasonable boundary of collective legal interest should be based on the perspective of legislation,adhere to the principle of clarity of legislation,introduce the principle of proportionality in administrative law,and give play to the inspection and criticism function of different types of collective legal interest on the legislative content,so as to provide a reasonable boundary for the expansion of criminal law legislation which presents the trend of positive criminalization.Secondly,we should pay attention to the constitutional control of criminal law interpretation from the perspective of interpretation theory,and pay attention to the value measurement of different types of legal interests in the specific application of cases.The full text is more than 80000 words,divided into four parts,respectively from the expansion and problems of the criminal law protection of collective legal interest,the emergence and connotation of the concept of collective legal interest,the relationship between collective legal interest and individual legal interest,the classification and reasonable boundary of the criminal law protection of collective legal interest.The first chapter is the expansion and problems of the criminal law protection of collective legal interests.Reviewing the development process of criminal law in China by stages,this paper analyzes that from the development of criminal law in1979(old criminal law)to the development of criminal law in 1997(New Criminal Law)and the promulgation of criminal law amendment(11),China's legislation has been showing a trend of expansion,and shows a preference for collective legal interests in cubic purpose,legislative technology and legislative content.The positive expansion of legislation on the protection of collective legal interests not only meets the requirements of the times,resists social risks and realizes the comprehensive protection of legal interests,but also causes the internal contradictions in the theoretical system of existing legal interests,intensifies the internal tension between criminal law and other departments,and breaks the balance between freedom and order.The second chapter is the birth and connotation of the concept of collective legal interest.Collective legal interest is not only an important object of the expansion protection of criminal law legislation,but also the protagonist to solve the above problems in the process of current legislative expansion.First of all,we should re understand the connotation of the collective legal interest,define the purity of the "collective legal interest" from the perspective of the concept of form and essence,and establish that the only value goal of the collective legal interest is to realize human free development and human dignity from the perspective of value,and confirm the authenticity of the object of protection of the collective legal interest from the perspective of existence.The third chapter clarifies the relationship between collective legal interest and individual legal interest.Clarifying the relationship between collective legal interest and individual legal interest in the theory of legal interest not only affects the understanding of the connotation of the concept of collective legal interest,but also relates to the size of the extension of collective legal interest protected by criminal law.There are different views and positions in the academic circles.At present,the dispute mainly focuses on the monism of individual legal interest and dualism.The deeper political and philosophical reasons behind the two disputes are based on the images of different people.The former is based on the images of "individual people",while the latter is based on the images of "social people",which have different value pursuits.Combined with the changes of our country's national task and criminal law task,the dualism under the image of "social man" is more suitable for the development needs of our realistic society.The forth chapter is about the types of collective legal interests are divided into:the collective legal interests that create free space for individual self realization and the collective legal interests that protect the conditions of national structure.Based on the above two functional levels,this paper divides and amends the two types of collective legal interests from the value and existence respectively,so as to realize the authenticity of the content protected by the collective legal interests.In the legislative theory,based on the principle of clarity of legislation,the principle of proportionality of administrative law is introduced,and the function of collective legal interest in examining and criticizing the legislative content is brought into play to determine the reasonable boundary of the expansion of collective legal interest in criminal law.In the theory of interpretation,it emphasizes the constitutionality control of criminal law interpretation and focuses on the balance of interests between the collective legal interests protected in the case and the compressed individual legal interests.Not only the infringement of collective legal interests should be subject to the standard of strict interpretation,but also the priority should be given to the protection of individual legal interests.