Earticle

초록

영어

It is said the existing criminal law should be used prudently and reservedly as final means, because it stipulates the most rigorous sanction among laws. The criminal as such final means is entering new phase in modern complicated society. As positive crime and heavy punishment are recently in progress in Japan, criminal legislation has been frequently used to solve
social issues. Namely, new regulations are enacted to activate criminal legislation. With respect to the question of object protected by criminal law, it is said criminal law generally protects legal interest. This is so-called principle of protecting legal interest, which is said to critically function on the use of punishment. As seen above, the reserved principle of protecting legal interest confronts the current situation of activated criminal legislation. However, regulation of criminal punishment enacted by excessive expectation of use of punishment owing to increased social uneasiness is necessary to protect the life of nation. Thus, it does not violate the principle of protecting legal interest, but meets the request for protecting legal interest. The principle of protecting legal interest is not 'there is no crime, unless there is infringement of legal interest' but 'crime is established if legal interest is infringed.' Thus, it does not restrict the criminal legislation. As a result, some point out that the principle of protecting legal interest virtually has no function to restrict the criminal legislation.
This dissertation will discuss the meaning of principle of protecting legal interest in Japan and the present discussion. Namely, it will investigate the expansion of discussion on the opinion that no regulation of criminal punishment that takes protecting the legal interest of criminal law and excludes the relation of legal interest in infringement of legal interest.

목차

Ⅰ. 서언
 Ⅱ. 현대예방형법
 Ⅲ. 법익보호원칙
  1. 刑法의 機能과 法益保護原則
  2. 法益保護機能의 實質的 理解
  3. 法益關聯性의 要求와 그 形骸化
 Ⅳ. 결어
 참고문헌
 

키워드

저자

• 점승현 [ Jeom, Seung-Hun | 원광대학교 법과대학 전임강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340