Study On The Ecology And Criminal Legal Relation

The definition of the ecology and criminal legal relation is the relation of using criminal law to protect right and obligation in the process of protecting ecological safety. That is a reconstruction in the point of view of ecology for solving the ecological conjuncture and ecological commit.We definite the conception of the ecology and criminal legal relation scientifically, and summarize the characteristics of the relation in this paper.We put forward the necessity to research the ecology and criminal legal relation in this paper, i.e. there are some shortages in the traditional criminal legal relation facing the challenge of the ecological commit in ecological civilization era. Hence, we analyze the causations of these shortages profoundly. To fetch up these shortages, it is hot for us to construct the theory of the ecology and criminal legal relation.We narrate the theoretic foundation of the ecology and criminal legal relation: the ethical foundation based on the continuable development, the ecological law foundation based on the view of the tropism in ecological standard and the foundation of criminal law.We systemically explain the construction of the ecology and criminal legal relation in four sides: 1) the main body of the ecology and criminal legal relation. We analyze the kinds of the relation at present, which include body politic, juridical person, non- juridical person unit and natural person generally. In addition, we believe we should extend the main body to part of the non-human group. We discuss the possibility, limit condition and achievement mode for the extension. It is very novel. 2) The object of the ecology and criminal legal relation. Through addressing the properties of the object, and combining the particularity of the relation and the object, we confirm that the ecological criminal responsibility is the object of the ecology and criminal legal relation. 3) The contents of the ecology and criminal legal relation. We nail down the characteristics of the relation's contents, and the rights and obligations of body politic, criminal main body and main body injured as the main body of the relation. 4) Birth, variation and perdition of the ecology and criminal legal relation. We discuss the premise and truth foundation of them in this paper.We achieve two conclusions: 1) the ecology and criminal legal relation is different from the traditional criminal legal relation. It is a new legal relation, and is an inevitable outcome of the advancement of the society history. 2) The new theory involves the value for research and guidance in practice.