The concept of legal interest is a part of the legitimacy testing mechanism of the whole criminal legislation,which only refers to the legitimacy of purpose. Legal interest does not only belong to the criminal law,but it is a common concept of the whole legal order. From 1834 to the end of World War Ⅱ,the concept of legal interest is firstly based on the philosophy of moderate positivism,and then completely converted to legal positivism,so it did not have the function of restricting legislation. It was not until the end of World War Ⅱ that the theory of legal interest found the substantial basis for the possible development of legislative criticism,that is,the constitution. The one-sided thinking of focusing on the object of protection pursued by the theory of legal interest determines that its role in delimiting the legitimate boundary of criminal legislation is extremely limited. Due to the high openness and inclusiveness of the constitution,it is difficult for us to effectively limit the abstract purpose of criminal law protection without completely departing from the perspective of criminal law means. In the future,the legitimacy theory of criminal legislation should,on the one hand,expand and deepen the content of the legitimacy of the purpose from the identification of the real purpose and the test of the constitutionality of the purpose;on the other hand,realize the transfer of the focus of thinking from the legitimacy of the protected object to the proportionality of the protection means.