Research On The Offense Principle

In the Western liberal theory system,the offense principle has long played a vital role as one of the basic principles of the state restricting individual liberty.The offense principle was formally proposed by Feinberg in his four-volume work,The Moral Limits of Criminal Law(Volume II).His theory has developed to this day and is quite mature abroad.This theory has a certain degree of agreement with the current state of legislation in China,but domestic research is rare.As for how the state public power restricts individual liberty,there is a certain degree of gap in this theory in China.Relevant research needs to follow up in time.The systematic study of the offense principle can clarify the legitimacy of the state's public power to limit the individual liberty of citizens,and it is conditional on the offense against others and has strong persuasion.The legal and philosophical basis of the offense principle is contained in the famous debate between Hart and Deflin in the middle and late 20th century.With the development of the new analytical positivist jurisprudence,the theoretical foundation is more mature,and finally proposed by Feinberg based on the standpoint of liberalism.Although this principle stems from the damage principle,it is independent,has its own applicable and excluded rules,and can well coordinate the relationship between state power and individual liberty in the process of concrete application.Using the offense principle to test the relevant legislation in China can ensure the legitimacy of the legislation.In applying the offense principle in legislative work,we should pay attention to avoiding the abuse of principles,standardize the national legislation work with a tolerant legislative spirit,reduce excessive restrictions on civil liberties,and improve the rationality of national legislation.