The Research On Object Of Environmental Crime

At present it's large controversy about the object of the environmental crime, after the emergence of various theories. Although these theories have some reasonable from a certain angle, but not comprehensive and did not fully reveal the nature of the object of environmental crime. Therefore, it is necessary to redefine the object of environmental crime.China has created various academic environment crime object doctrine, although such theories are quite reasonable from a certain angle, it could not fully reflect characteristics of environmental crime object, and did not fully reveal nature of the environmental crime object, it is necessary to environmental crime object redefined.In this paper, we used history, comparative methods research into the evolution of crime object theory, exploring theoretical results, proposing law benefits superiority.Reference to foreign environmental criminal legislation ideological , clear the concept of the beneficial relationship between the corresponding order, referring to foreign criminal legislation thinking of the environment and environmental benefits of the Penal Code, put the benefits of environmental law concepts to guide environmental crime object research, advocate environmental crime object defined as environmental rights, demonstrate the environmental right with other departments in the definition, the right subject, content of the similarities and differences ,in the eventual formation of environmental criminal law system within the framework of a theory, a purpose, operational environment right. In the layout of the full text of chapters divided into three parts:The first part, The present general situation of the study on the object of environmental crime in China is introduced in this chapter ,and this paper goes on to examine some theories on the object of environmental crime, meanwhile point out the defects of these theories. At last this paper points out the necessity of defining the object of environmental crime scientificallyThe second part is the core of this chapter, it focus on solving the object defined the premise of environmental crime and environmental crime object should be the environmental right, which is divided into two elements. With the problem what is the crime object, what is the environmental crime, by analysis of the theory of the crime object, to explain the advantages of the crime object. Reference to the doctrine of environmental crime abroad, based on the guidance of the law benefits and from environmental crime the paper find out the abstract definition of the nature of the environmental crime, environmental legislation supported by reference to foreign technology, we can bring forward China's scientific and environmental crime object defined for reference. On the basis of the proof under the above conclusions the paper should focus on the object of the environment defined as environmental crime, aimed at resolving the controversy of the two academics, that is the mainstay of the environmental right and the content of the environmental right.The third part, this paper elaborates environmental right to be the environmental crime object as a theory and practical significance.