| 英文摘要 |
This article discusses the legislation-critical function of the concept“legal interests”(in German:“Rechtsgut”) and the possibility of its control over criminal laws. Recently, there has been an increasing view that the concept of legal interests cannot control criminal legislation and that it is the“principle of proportionality”that counts for criminal legislation control. However, this article holds a different opinion. It argues that the concept of legal interests must be integrated with the basic rights protection requirements of the constitution. Its substantial content lies in the protection needs of important basic rights and corresponding crucial peripheral systems. These protection needs constitute a“purpose limitation”for the use of criminal law measures. The protective purpose of criminal legislation must meet the standards of legal interests. In this context, the concept of legal interests plays a role in controlling the purpose within the principle of proportionality, i.e., when judging the legitimacy of criminal legislation with the intermediate scrutiny standard, legal interests can assist in examining whether its purpose is legitimate and significant. |
