The Legislative Perfection Of Legal Benefits In Chinese Environmental Criminal Law

Environment is the foundation of the human society material development. Environment question from 1972"Human environment Manifesto"through after, starts to take for the entire international service office. In after that 30 years, the environment question more and more becomes the global question center and the focal point which the international society pays attention. In 1992 United Nations environment and at development congress through"In Approximately Manifesto", achieved about the economical, the social sustainable development international mutual recognition. United Nations through"21st century Agendas", is requests the various countries"to have to develop and to carry out the sum total, has the sanction strength and the effective law and the rule, but these law sand the rule must act according to the thorough society the ecology, the economy and the scientific principle". The environment and the development question closely relates intogether, becomes universe and the international society current encouragement most major problem. The criminal law protects as the human society is severest and last the defense line, inevitably must play own to the environmental protection role. How effectively carries on the criminal activity legal protection to the environment at present also to become the various countries' criminal law study research the key point.First must be clear about the environment criminal law protection regarding the environment criminal law protection the law profit. The criminal law profit refers to the benefit which the criminal law protects. The law profit violation said is always the mainland legal system criminal law theory logically coherent argument, to this mentions the explanation environment crime the essence to relate compared to the society says appropriately. This article was the environment crime violation law profit has conducted the preliminary study from the environment criminal lawprofit angle, has proven the environment law profit is the environment criminal law protection essential target. Only was clear about the environment criminal law protection lawprofit ,the side has been able to manifest to the environmental protection true attention, realized human society's sustainable development.Is clear about the criminal law involvement environmental protection the necessity, understood the domestic and foreign environment criminal law protection method profit idea the evolution, then is clear about our country environment criminal law protection the lawprofit is the understanding, consummates our country environment criminal activity legislation the prerequisite. This article first part of environment criminal law lawprofit theoretical analysis obtains from two aspects analyzes this question. First is explicitly proposed the environment criminal law protection basic goal is the environment law profit.This article first part of environment criminal law law profit the oretical analysis obtains from two aspects analyzes this question. First, environment question is important decision criminal law involvement environmental protection. Because the destruction environment resources behavior has the enormous social harm, poses the huge threat to the public environment benefit, only depends on the civil law and the administrative law has been insufficient to the rules and regulations, needs to use the criminal law method to perform to it to protect. Again the criminal law to have the deterrent strength , promotes the people and takes the environment criminality attention. Next, puts forward the environment benefit concept . The environment benefit is refers to the environment satisfying which needs to the person to be able to rendering. Finally, the environment criminal law pursue is the environment lawprofit protection. Second is carries on the outline from the environment law profit concept and the content two aspects to the environment law profit.The environment situation legislation rationality and the scientific nature are decided by the law profit goal determination. Has carried on the inspection for this author to the main mainland legal system country environment criminal law lawprofit, has analyzed its determination method profit goal correlation factor, inquired into the various countries closes the boundary criminal law protection the law profit. The first part carries on our country environment criminal law lawprofit legislation and the foreign environment criminal law lawprofit legislation the comparison. This part separately to German, Japan's environment criminal law lawprofit and our country environment criminal law lawprofit carries on the introduction and obtains through the comparison: Said from the environmental protection angle that, Germany's environment criminal law is obviously more advanced. The German environment criminal law protection is the environment lawprofit, the Japanese environment criminal law protection is the person and the property law profit. Our country environment criminal law although has also paid attention to the environment law profit protection, but only has in the single natural resource protection aspect manifest, the whole looked stresses to protect the person and the property law profit. The second part proposed our country present environment criminal activity legislation to encroache upon the environment law profit protection the insufficiency. Mainly manifests in: First, the present environment criminal activity legislation only pays great attention to the environment crime violates the person, the property law profit protection, but has not given essential, the full protection regarding the environment lawprofit, this will certainly greatly to weaken the environmental protection and the sustainable development idea in the criminal law domain effective implementation. Second, our country present criminal activity legislation not will violate the environment criminal law law profit the crime independently to become the chapter. Third, environment criminal law lawprofit not to entire environment criminal activity legislation display guidance function.Our country environment criminal activity legislation existence above flaw question, must further perform to consummate, this article third part of relation reality, take the above viewpoint as a foundation, proposed consummates our country environment criminal law the law profit legislation. First, should be clear about our country environment criminal activity legislation protection the key point for the environment law profit. When the environment law profit and the person, between the property law profit carries on the choice, should carry on the choice to the environment law profit. Next, will violate the environment law profit the crime independently to become the chapter. The environment law profit directly becomes the environment crime the object, causes saction on environment crime take the ecology influence as the standard, but only considers the economic loss. Third, sets up the environment criminal law law profit in the entire environment criminal activity legislation instruction function. Fourth, has not bought into line with some rules and regulations harm environment behavior the environment criminal law the protection, thus is more perfect to the environment law profit protection. Finally will resist the environment administrative oversight behavior to bringing into line with the environment criminal activity legislation the rules and regulations scope.