Abstract：Legal interests represent the unity of value and existence, serving as necessary conditions for the development of individual freedom from a value theory perspective, and as objective existences that can undergo causal changes from an ontological perspective. Based on this premise, the existing analyses within China’s criminal law theory on the essence of order-related legal interests have their limitations. The issue with the state management order theory is that not all state-managed orders are necessary conditions for the development of individual freedom, which does not meet the requirements from the perspective of legal interest value theory. Although the purposive reductionism within order reduction theory recognizes the requirements from the value theory perspective of legal interests, it fails to further explore the ontological basis of order-related legal interests, leading to a degradation of these interests into purely ideological guidance. The personal interest reductionism within order reduction theory, while reducing the ontological basis of order-related legal interests to personal interests in life, health, or property, not only overcorrects but also negates the significance of the existence of order-related legal interests themselves.Orders can be divided into externally enforced orders and spontaneously generated orders. Externally enforced orders cannot meet the requirements from the value theory perspective of legal interests, and thus cannot become eligible legal interests worthy of protection by criminal law. Only when a state-managed orderly status also belongs to a spontaneously generated orderly status among individuals, can it meet the requirements from the value theory perspective of legal interests, becoming order-related legal interests worthy of protection by criminal law. The ontological basis of order-related legal interests lies in the psychological willingness of unspecified individuals who may enter a particular order domain, after rational assessment, to shape a certain order according to the behavior patterns they recognize. This psychological willingness is an objective existence that can undergo causal changes, thereby meeting the requirements from the ontological perspective of legal interests.Based on the essential characteristics of order-related legal interests, we can further construct the judgment rules to judge whether the order-related interests are infringed. (1) The Order-related legal interests are inter-subjective interests. The subject of order-related legal interests is not a specific individual but any unspecified individual who may enter a particular order domain. Therefore, it is necessary to judge whether order-related legal interests have been infringed upon from the standpoint of these unspecified individuals within the order domain. (2) Order-related legal interests are public interests. Order-related legal interests arise from unspecified individuals who may enter a particular order domain, thus only actions entering the relevant public domain can infringe upon order-related legal interests. (3) Order-related legal interests are subject to change. The psychological willingness of unspecified individuals within a particular order domain may change with social conditions, requiring legislators and judiciary to evaluate the psychological willingness of these individuals in line with the contemporary society. These rules can help legislators assess the legislative legitimacy of laws concerning order-related crimes and also assist judges in reasonably defining the scope of application of laws in such cases.
何沛锡. 论秩序法益的本质[J]. 浙江大学学报(人文社会科学版), 2025, 55(3): 143-160.
He Peixi. On the Essence of Order-related Legal Interests. JOURNAL OF ZHEJIANG UNIVERSITY, 2025, 55(3): 143-160.
2025, Vol. 55 
