On Judicial Restrictions of the Protection of Collective Legal Interests:A Perspective from the Crime of Surrogate Exam-Taking
Under the background of the expansion of criminal law,a large number of offenses aiming at protecting collective legal interest have been added,which has brought collective legal interests into a fo-cus of academic attention.Although the protection of collective interests is essential,it should not lead to an excessive scope of punishment.The crime of surrogate exam-taking conforms to the characteristics of collective legal interests and proper connotations of collective legal interests,making it a critical point for exploring the decriminalization of such offenses.It is crucial to restrict the protection of collective legal interests at the judicial level,not only because criminal justice needs to be properly restricted by the pro-portionality principle,but also because collective legal interests has its characteristic of recoverability,implying that judicial decriminalization does not obstruct the protection of collective legal interests.Mean-while,when dealing with legal offenders,it is necessary to exhaust the pre-criminal protection measures,rather than hastily resorting to criminal sanctions.In terms of restrictive paths,the judicial protection of collective legal interests should involve a sequential assessment of the extent of normative violations and the necessity of penalizing the behavior,and the determination of the intensity of judicial protection based on the degree of recoverability of collective legal interests.The crime of surrogate exam-taking is a minor offence with a low degree of criminal violation.The need to penalize such behaviors is determined by fac-tors including the target of the crime,the completion state of the act,the motive of the crime,and wheth-er it is a habitual offender.The analysis of the crime of surrogate exam-taking could be a guide and mod-el for the decriminalization of other collective interest crimes.
collective legal intereststhe crime of surrogate exam-takingjudicial restrictionsthe need of punishment
万方数据
维普
