Legal Interest Of Offense Against Environment And Its Application

There is close relationship between legal interest and interest. Legal interest is reflecteddynamically in law. In the semantic point of view, legal interest refers to the interest in lawenjoyed by interest subjects, including practical interest and expected interest. The legalinterest of offense against environment is environmental interest, which is ecological,universal and national. Environment refers to natural environment and social environment,containing ecosystem. The subjects of environmental interest include natural persons, legalpersons, states, other organizations and non-human beings to some extent. The content ofenvironmental interest varies from different environments.Closing to the legal interest of offense of environmental pollution, the acts of offenseagainst environment includes polluting environmental, polluting water, polluting atmosphere,polluting marine, emptying solid waste. Correspondingly, the result of offense againstenvironment includes harm and danger to environment. With the complexity, persistence,unpredictability and tech nature, the causality of offense against environment challenges thetraditional causality theory in criminal law. Therefore, the theory of epidemiology causality,with high probability of proof standard, provides theoretical support for identifying accuratelythe causality of offence against environment.The legal interest influences the intention form in offense against environment. In singleform, offence against environment is intentional or negligent, can not be intentional ornegligent. Based on the legal interest of offence against environment and analyzing the338thof “Criminal Law” in context, offence against environment is both intentional and negligent.Thus, in subjective aspects of offence against environment, the mixed form which includesboth intentionality and negligence should be promotedAccording to the338thof “Criminal Law”, the traditional sanction including freesentence and fines is continued in offence against environment which has limitations such assingle sentence type, poor maneuverability, too loose. At present, in order to punish offenseagainst environment effectively, the magnitude of free sentence should be expanded and the operability of fines should be strengthened. At the same time, in line with the particularity oflegal interest of offence against environment, traditional penalty sanction and non-penaltysanction should be combined closely.