| In the hierarchical crime constitution system,the legal interest is an essential element of the illegality judgment,and the illegal resistance is the important content of the illegality judgment,and the illegal resistance is closely related to the legal-goods.From different aspects of behavior and results,scholars have come to different conclusions that the consequence without value theory and the theory of conduct without value,and expanding the gap to the subject of illegal obstruction.The illegal resistance is related to the conflict of law interests.But does the legal-goods evaluation or their own special factors of the behavior make the behavior legal? If legal-goods evaluation does not determine the legitimacy of the act,then what role does the legal-goods evaluation play in the field of illegal resistance?These are worth exploring.This article is divided into four parts,in addition to the introduction,a total of more than40,000 words.In the first part,starting from the emergence and development of the concept of legal-goods,this paper introduces the theory of legal benefits of Binding,Liszt,Welzel and Jager,and the research of the theory of legal-goods in China.this paper clarifies the concept and scope of legal benefits from the essence of legal interests,the subject of legal interests and the relations with the legal community,and finally obtains the meaning of the legal-goods evaluation.In the second part,from the perspective of the controversy in the legal-goods evaluation and the factors affecting the legal-goods evaluation,this paper expounds the inevitability of legal benefits measurement and the influence of the main body of legal interests and the nature of legal interests.On the basis of affirming the subjectivity of legal-goods evaluation,this paper bases on the norms of the criminal law,takes the social consensus as the value foundation,breaks through the shackles of the philosophical concept,and realizes the legal benefit measurement in the concrete cases.In the third part,first of all,from the legal interest and illegality,no matter whether the consequence without value theory or the theory of conduct without value,it cannot be denied that the legal-goods has important position in the illegal judgment;Secondly,the author sums up and combs the theoretical theories on the general basis of the illegal resistance from theconsequence without value theory or the theory of conduct without value,and puts forward 2questions on this basis;Finally,the author proposes that the basis for the violation of law should be divided into special basis and general basis.The special basis is to answer the question “why does the behavior not have the illegality?” The general basis is common thing shared by the ground for elimination of illegitimacy – legal-goods evaluation.In the fourth part,from three aspects law elimination of illegality,Supra-law elimination of illegality and elimination of illegality for a crime,it is concluded that the legal-goods evaluation aims to explain the causes of the elimination of illegitimacy,and then guides the application of ground for elimination of illegitimacy in judicial practice. |
