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International Journal of Frontiers in Sociology, 2024, 6(3); doi: 10.25236/IJFS.2024.060308.

The Embodiment and Practice of the Principle of Legal Interest Protection in Criminal Legislation

Author(s)

Liu Tianyang

Corresponding Author:
Liu Tianyang
Affiliation(s)

School of Law, Xi’an Peihua University, Shaanxi, Xi'an, China

Abstract

The principle of legal interest protection is an important cornerstone of criminal legislation, which requires that the legitimate rights and interests of citizens must be fully respected and protected in the formulation and implementation of criminal law. This paper aims to deeply explore the embodiment and practice of the principle of legal interest protection in criminal legislation, so as to reveal its important significance to the construction of criminal rule of law. This paper sorts out the basic theory of the principle of legal interest protection, and clarifies its conceptual definition, theoretical basis and its importance in criminal legislation. Then, the paper analyzes the concrete embodiment of the principle of legal interest protection in criminal legislation from the three aspects of criminal code, criminal law amendment and judicial interpretation. The legislative purpose and classification of legal interests of the criminal code, the protection of emerging legal interests by the amendment of the criminal law to the criminal law and the interpretation of the principle of legal interests protection by the judicial interpretation all reflect the in-depth implementation of the principle of legal interests protection in the criminal legislation. The article also focuses on the application of the principle of legal interest protection in the criminal justice practice. Through case analysis, the paper reveals the implementation and limitations of the principle of legal protection in judicial practice, and puts forward suggestions for improvement. The paper also discusses the development of the principle of legal interest protection in international criminal law to expand the research horizon. This paper summarizes the research results, and points out the research shortcomings and the future prospects.

Keywords

principle of legal interest protection; criminal legislation; judicial practice; legitimate rights and interests; criminal rule of law

Cite This Paper

Liu Tianyang. The Embodiment and Practice of the Principle of Legal Interest Protection in Criminal Legislation. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 3: 44-50. https://doi.org/10.25236/IJFS.2024.060308.

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