法秩序统一视域下刑法法益形成之探讨

中图分类号：D924 文献标识码：A D0I：10.7535/j.issn.1671-1653.2026.02.008

Abstract：With the stratified development of the crime-theory system，the definition of the essence of crime has gradually shifted from social harmfulness to legal-interest infringement and norm violation. However，this shift fails to fundamentally resolve the issue of thecontinuously expanding definition of the essence of crime. Therefore，under the principle of unified legal order，it becomes necessary to confine the concept of legal interests encompassed by the essence of crime within the bounds of the formal legal order. The study of the principle of unified legal order has undergone various stages and debates，ultimately centering on the formation of normative legal interests，among which the formal structuring theory holds clear advantages.Under the principle of unified legal order，a formal structuring system for the essence of crime based on prior statutory determination should be established. By formally and rationall restricting the essence of crime，the concept of legal interests in criminal law can becontroled within the scope of interests determined by the constitution，so that allbranches of law are unified under the protection purpose of the basic value order of the constitution.

Keywords： essence of crime;legal interest；unity of legal order； formal structuring

一、引言

在当代中国刑法教义学的发展进程中，犯罪本质的理论界定经历了从“社会危害性"到“法益侵害性”与“规范违反性”的演变。（剩余15225字）