The Study On The Legal Interest Of Environmental Criminal Law

With increasingly severe environment pollution and worsening destruction of ecological environment,people have gradually realized that it impossible to solve environment issues only by administrative means,and the era of taking multi-measures of civil,criminal as well administrative to deal with environmental issues is coming.Among all the measures,the environmental criminal law plays a crucial role in resolving environment problems.The legal interest of environmental criminal law is not only the logic starting point,but also the center of environmental criminal law.Thus,the research on the legal interest theory and legislation issues of environmental criminal law is of great importance in consummating environmental criminal law and achieving the ultimate goal of protecting environment.In this thesis,the concept,status and functions of legal interest of environmental criminal law were firstly introduced,and logic starting point of it was chosen.On the basis of theory of legal interest of environmental criminal law and the current situation legislation at home and abroad,it sums up the existing theory and legislation problems of legal interest of environmental criminal law by analysis.This thesis considers that the theory of legal interest of environmental criminal law in China is not perfected,and puts forward the deficiencies in theory in the three aspects of divergence in value orientation,non-thorough in classification research and inconsistent in understanding of content;at the same time,it deeply analyzes the existing legislation problems in legal interest of environmental criminal law,probes into the problems of the legal interest of environmental criminal law attaching to the legal interest of environmental administration,the omission of protection scope and the setting of penalty can not reach the goal of protecting legal interest,and it also analyzes the reason why the problems exists in legal interest of environmental criminal law.On the basis of analyzing the three theoretical problems existing in environmental criminal law of China,referring to the relevant theories and opinions of legal interest of environmental criminal law at home and abroad,it puts forward the theoretical framework of the new legal interest of environmental criminal law.From the point of ought-to-be,it clarifies the value orientation,summarizes the nature,probes into the new classification,and defines the content of legal interest of environmental criminal law.It puts forward that the state of environment is one the content of legal interest of environmental criminal law,and considers that environment infringement is the theoretical basis of punishing the dangerous offender of environmental criminal law.Finally,on the requirements of protecting the legal interest of environmental criminal law, this thesis considers that we should consummate the legislation and realize the specialization of the legal interest of environmental criminal law,and suggests adding the dangerous offenders for protecting the state of environment,extending the protection scope of the legal interest of environmental criminal law,reforming the penalty system of legal interest of environmental criminal law,to make the current environmental criminal law meet the protection requirements of legal need of environmental criminal law.