Study On Some Knotty Problems Of Environmental Crime

Environment problem already becomes the grave social problem,it arouses the attention of the whole world.Every country adopts administrative,economic,technological and legal means to protect the environment,including the Criminal Law means.This dissertation makes research on environmental criminal law in a visual angle of anthropocentrism.There are altogether three chapters in the dissertation.Chapter One:Investigate the authoritative source of the environmental criminal law. Anthropocentrism is the least moral standard and can also act as the ethic foundation of environmental criminal law.On the contrary,ecological centrism has some disfigurements on it's philosophy foundation,and is not compatible with law.When we study environmental crime from the view of modern anthropocentrism,we can find out that environmental crime invades the rights of current and future humans,which does not only harm economy value.Chapter Two:It is the core of this essay.It focus on solving the object of environmental crime.And the environmental crime object should be the environmental right,which is divided into survival environmental right and beneficial environmental right.At present it has large controversy about the object of the environmental crime.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.In the view of anthropocentrism,the legal interests of environmental criminal law should be modified to environmental legal interests,which can be considered as environmental right.To accord with the request of definitude of law,we should ascertain the intension and extention of environmental right.Environmental rights will be divided into the survival environment right and beneficial environmental right.The right to survive and development is the eternal theme of humanity.Survival environment right using the minimum environmental standards,and beneficial environmental right using public coordinated environmental standards.Therefore,environmental criminal law must be analyzed case-by-case according to the two kinds of human rights.As a result,criminal law environmental protection may be distinguished by protect content and the use of different standards.Only through careful distinction,environmental criminal law can protect human interests and social progress.Chapter Three:Discussion of the model of China's environmental legislation.Failing to distinguish between the right to survival and environmental benefits,our environmental criminal law has two major problems.Firstly,it has strong administrative subordinated character.This isn't coordinated with environment criminal lawsuit requirement purpose. Secondly,environmental criminal law standards have not been established,for the object of criminal law has not been truly discussed.It is believe that the environmental criminal law is based on human right protection.So strict liability system should be combined with survival environmental right protection.And reasonable using for blank crime of environment criminal law should be combined with beneficial environmental right protection.Only by this can make the criminal law can truly protect the interests of citizens.