Study On The Object Of Environmental Crime

Environment problem already becomes the problem that arouses the attention of all the countries in the world, and our country also has no exception. In the respect of protecting the environment, our country has made a lot of beneficial explorations. Criminal Law as a final safeguard, is playing the important role in protecting the environment. From Criminal Law in 1979 to Criminal Law in 1997, and to Criminal Law amendment in 2003 (four), the degree of protecting the environment by Criminal Law has been getting the more reinforcement. But since environment crime is a particular problem, the traditional theory of Criminal Law can not adapt to the need of environment crime development.The article surrounds the object of the environment crime, and carries out the environment ethics of the weak anthropocentric doctrine all the time. At first, the article compares and analysises the legislation and current studying situation of the object of the environment crime between in and out of our country. Then according to the common theory about the object of crime, the article discusses the particularity of the object of the environment crime, and gets the concept of the object of the environment crime: encroaching on legal interest of environment according with a manifestation of the object of the environment crime's constitution and negative value estimates in Environment Criminal Law. The article thinks that the essence of the object of the environment depends on encroaching on legal interest of environment that is infringing upon the harmonic relationship between person and nature directly, and infringing upon the social relationship between person and person deeply. Then the article discusses the content of the object of the environment crime through two aspects. One is a manifestation of the object of the environment crime's constitution and the other is negative value estimates to destroying the environment in Environment Criminal Law. At last, on the basis of the fundamental theory about the object of the environment crime, the article discusses the functions of the object of the environment crime, from ascertaining the range of environment crime, fixing the boundary of the environment crime type and discriminating crime numbers.