법익의 보호범위의 확대와 해석의 한계 -형사법익과 민사법익의 비교를 중심으로-

Recent extents about benefit and protection of the law have shown that there are tendencies of expansion concerning both criminal law and civil law. Our analysis of criminal law about this expansion are able to focus on two widespread plans: the presentation of bases to the interpretations about legislation over the existing interpretations; and the flexible interpretations in the existing systems of criminal law. In the latter case, these studies are examined by four category below, that are the flexible interpretations about the principle of responsibility in the principle of "nulla poena sine lege", emphasis of the supplementary functions to the benefit and protection of the law, decision of rank to the benefit and protection of the law, and groping of civil solution for a criminal policy. Which of these two plans is better plan? In conclusion, civil solutions that cope with the expansion of the benefit and protection of the law, lay the groundwork for choice of the latter case (flexible interpretations in the existing systems of criminal law). It is impossible to exclude the spirit of the times, change to the escalation of extents about benefit and protection of the law. Far more important nowadays in the change is interpreting faithfully to a fundamental rule of criminal law and criminal policy.