法益范畴的法理学改造.docVIP

ABSTRACT The theory of legal interest, which is from the criminal law in Germany, has got high status in the jurisprudence of Japan and TaiWan. And it has recently been introduced into China. The theory of legal interest displayed high academic vitality, and became a central researching object quickly. The domestic study to legal interest has already got beyond the limitation of criminal law. But there are also some kinds of problems came out of this situation of popularity. It is the aim of this thesis to deal with those problems, by reconstructing the concept of legal interest. The causes for this thesis to do the reconstructing work are based on the following considerations: each branch of law, criminal law or other laws, has showed a eagerly demand to the concept of legal interest which would be full of jurisprudential meaning. At the same time the works of The Jurisprudence of Interest and the deep research to those basic legal concepts, such as right and power, have made a good preparation for the reconstruction to legal interest. To complete the work, the history of theory of criminal legal interest was cited at first, and secondly the demand and preparation mentioned before was interpreted, and then those related concepts, such as interest, right, power, were compared and analyzed. And the similarity and difference between them were emphasized. Then in chapter five, some imperative approaches were suggested. By taking those steps mentioned, this thesis tried to prove this: legal interested should be treated as the ontology of law, and as the fundamental concept to the whole jurisprudence. That arrangement would enable us to deepen our understanding to law, and consolidate the theoretic system of jurisprudence. Key words: legal interest; fundamental concept; ontology of law; right; power; interest II 湘潭大学 学位论文原创性声明 本人郑重声明：所呈交的论文是本人在导师的指导下独立进行研究所 取得的研究成果。除了文中特别加以标注引用的内容外，本论文不包含任 何其他个人或集体已经发表或撰写的成果作品。对本文的研究做出重要贡 献的个人和集体，均已在文中以明确方式标明。本人完全意识到本声明的 法律后果由本人承担。  作