| 透過動態遞迴詮釋法益種類達成正交法益基底之共識，藉以擴張出最低維度法益空間，俾避免誤為不同維度法益之直接運算。就自由法益亦可擴張出其子法益空間，俾為自由法益之運算。 | Through dynamically recursive interpreting for the categories of legal interests, we can reach a common sense of orthogonal legal interest bases, and thereby expand a legal interest space with a lowest dimension, in order to avoid the mistake about legal interests in different dimensions are directly operated. For the legal interests of freedom, we can also expand its own interest subspace, in order to operate the legal interests of freedom. |
| 我在《自由》謂：「一人之自由，以他人得拒絕涉入者為限。」故法規施加於當事人者，係構成以當事人為中心所擴張出之禁止範圍，而禁止範圍之補集恰為自由範圍。就其極端情況具言之，等向禁止範圍半徑為零者，享有完全自由；等向禁止範圍半徑為無限者，受完全羈束。 | In The Freedom, I have said: "A person's freedom shall be limited to the boundary where others may refuse to involve in." So the laws apply to a person a forbidden region extended from the person as its center, and the complementary set of the forbidden region is just the free region. To say it in detail with extreme examples, a person may enjoy complete freedom, if the radius of his isotropic forbidden region is zero; he shall be completely restricted, if the radius of his isotropic forbidden region is infinite. |
| 在幾何上，禁止範圍係水平之向外擴張，而其中特定禁止點之違法程度即自由法益侵害程度係垂直之向下延伸，共同構造出禁止阱；反之，在自由範圍內任何行為均係零違法程度，遂有瞬間自由基準面。當事人僅得消極期待外部干涉解除禁止阱之羈束，不得積極自力返回自由基準面，否則即屬違法，而藉上開自力上升之高度差恰為違法程度，乃可想而知。 | Geometrically, a forbidden region is horizontally extended outward, and at a certain forbidden point therein, the illegal level, which is the infringed level of the legal interests of freedom, is vertically extended downward, and the two construct together a forbidden trap; by contrast, in a free region, any behaviors are on zero illegal level, herein we can define an instant free ground level. A person may only expect an external interference to cancel the restriction by the forbidden trap, and shall not return to the free ground level with his own force, otherwise, his acts shall be deemed illegal, and we can understand that, the height difference caused by the own force is just the illegal level. |
| 禁止範圍所排除之對象，係當事人自身，故其又稱為排己範圍。排己範圍之概念可用以處理當事人與利害關係人共處法規放任範圍而互相主張自由權之爭執。蓋雙方隨時隨地背負法規所施加之禁止範圍，在短兵相接時，其等如共處於同等深度之禁止阱，則有禁止範圍之互逆性。此時任何一方之自力排他行為，均係意圖反抗禁止狀態之違法行為。 | The object a forbidden region tries to eliminate is the very person himself, so we can also call it a self-exclusive region. With the concept of self-exclusive region, we can deal with the argument arisen from the mutual claims to the rights of freedom by the person and the stakeholders, when they are together in a lawless region. The reason is that, both of the parties shall bear the forbidden region applied by the laws anytime and anywhere, we can easily see the reciprocity of the forbidden regions when they face each other, together in a forbidden trap with same depth. In this case, an exclusive behavior by any party with his own force shall be deemed an illegal behavior, for he intends to break the forbidden situation. |
| 誠然，特徵行為實質上依賴基礎行為始可為之，致上開基礎行為雖無害，但為排除上開特徵行為之侵害，而不得已須同時排除之時，上開排除亦屬違法。惟特徵行為人如在其他子法益空間中違法，則應在上開子法益空間中對其科處責任。 | In fact, in the case that a characteristic behavior can only be acted as substantially depends on an essential behavior, and on purpose to eliminate the infringement by the characteristic behavior, we cannot help but eliminate the essential spontaneously, even if the essential behavior is harmless, we still deem the elimination illegal. However, if the characteristic behavior actor is illegal in other legal interest subspaces, we shall impose duties on him in the legal interest subspaces. |
| 本文理論係用以在法規放任空間中為處理爭執而測定法益侵害程度時，減少套用迪摩根定律之運算次數，俾降低誤算可能。 | The theory in this article is used to reduce the frequency of the operation in which we applies De Morgan's laws to measure the infringed level of the legal interests, on purpose to deal with the argument in a lawless region, in order to decrease the possibility of miscalculation. |
