On The Spiritualization Of Legal Interest

Pre-protection of criminal law is a global development trend of modern criminal law,which has aroused theoretical discussion on the spiritualization of legal interests.There is a substantial difference between the spiritualization of contemporary legal interests and that of Liszt's period.The discussion on the spiritualization of legal interests can be divided into two dimensions:metaphysical spiritualization of legal interests and physical spiritualization of legal interests.The spiritualization of legal interests in Liszt's period is metaphysical spiritualization of legal interests,while the spiritualization of contemporary legal interests is a problem arising from the reverse of the spiritualization of legal interests from the physical to the metaphysical level.In the metaphysical spiritual level of legal interests,we should adhere to the concept of legal interests of things,that is,legal interests are divided into value side and existence side,value side corresponds to the reducibility of people,and material side corresponds to the aggressiveness of things.One of the main problems in the spiritualization of legal interests under physical conditions is the verification and qualification test of universal legal interests.Due to the variability of the concept of legal interest,the change of state tasks in modern society and the arrival of a risk society,the expansion of universal legal interest is reasonable.The suitable standard of general legal interest is that the protection interest of constitutive requirements should at least have the reducibility of human beings,the aggressiveness of things and the non-distributability.It can be deduced from the existence of legal interests.On the threshold of incrimination,the infringement of legal interests by constitutive acts should reach the level required by criminal law.In the design of legal constituent elements,attack can be used to supplement the weakness of common legal interests.The trust legal interest of the army's national defense system is the corresponding legal interest after the act of insulting martyrs is criminalized.The reliance of the army's national defense system conforms to the reducibility of human beings,the aggressiveness of things,and the non-distributability,and has a suitable foundation for the establishment of universal legal interests.Insulting martyrs will cause damage to trust interests,but the infringement of legal interests is slight.It is suggested that the maximum legal punishment for insulting martyrs is one year or two years of fixed-term imprisonment,and the design of constitutive elements should be strictly controlled.