Research On The Legal Interest Of Chinese Environmental Criminal Law

As the increasing of environmental pollution, as well as more and more seriousdamage to the ecological environment, people have gradually realized that only relyon administrative means can’t solve the problem of environmental pollution andecological destruction, and rely on the civil, administrative and criminal diversifiedgovernance environment era is coming. Since the1960s, as a means to protect theenvironment of the criminal law is adopted by all countries in the world. Affected byecological values, the idea that the protection object of modern criminal law, is tochallenge the traditional inherent concept of criminal law. Under this background,the various countries’ environment criminal activity legislation has experienced fromthe protection of traditional law to protect the ecological law of gradual developmentprocess. This article is to the20th century the main civil law countries and commonlaw countries the legislation of legal interest of environmental criminal law, we canroughly draw the outline of the environment of the world’s major developedcountries criminal law to protect the basic development process. In the field ofcriminal law, as long as it is a crime are inevitably infringe the interests of theprotected by criminal law. Foreign criminal jurisprudence theory, some scholars willcrime violation of criminal law is to protect the interests of the called "law". Theobject of study in foreign criminal law theory, they don’t value quilt is the world’sresearch, however, is attention. Then in this way, the environment criminal law toprotect the social interest is the legal interest of environmental criminal law. It isadapted to human ethics, so at the beginning of the environmental criminal lawlegislation, it is not that protect the ecological environment and controlenvironmental pollution, but in the relief of those caused by damage to theenvironment of human life, health, and the loss of property interest. To solve theenvironmental problems and environmental criminal law, has a particularlyimportant role. The environment is the logical starting point of environmentalcriminal law and criminal law benefit is the center of the environmental criminal law research. Therefore, the research of environmental criminal law and legislation, toperfect the environmental criminal law, and is of great significance to realize thegreat goal of protecting the environment.The development of environmental criminal law is the demand of era, is tocater to the requirement of social development. To punish environmental crime hasimportant practical significance. Environmental criminal law legal interests is thefundamental problem and is the key to improve the environmental criminal law. Inthis paper based on the domestic law, based on clarifying the concept ofenvironmental criminal law, on the basis of the interpretation of environmentalcriminal law main body, content and classification of interests has uniqueness,points out that the environmental criminal law legal interests because attached to theenvironmental administrative law, led to the negative environmental criminal lawthe independence of legal interest, it analyses the reasons of the environmentalcriminal law need independence, it is concluded that the environmental criminal lawwill separate speeches, creation of special environmental criminal law, in order tobetter achieve the conclusion of environmental criminal law legal interests. And thisarticle is on the current situation of domestic environmental criminal law, analyzesthe existing environmental criminal law the main defects and deficiencies ofinterests, and part of Germany, Japan and Britain, the United States and otherdeveloped countries in environmental criminal law provisions of interests arecompared, and the differences and find out the problems and difficulties in theoryand practice to obtain the beneficial enlightenment, the appropriate way to find outthe ecological law protection, we proposed to our country the environment criminallaw legal advice: Environmental law profit should be the focus of the environmentalcriminal legislation to protect; Will infringe on environmental criminal law crimeread separately of interests, enrich the relevant specification, enlarge the range ofcriminal law to adjust; Set the dangerous crimes structure of environmental crime;Provisions of responsibility presumption principle; To the environment crime shouldbe of the more special limitation; Will resist environmental administrativesupervision behavior into the range of environment criminal activity legislation adjustment. In order to help the environment criminal legislation and criminal justicein China.The author thinks that we should protect the environment criminal lawstandpoint of interests, perfecting the criminal legislation of environmental criminallaw benefit, realize the standardization of the environmental criminal law, suggestadding destroy the ecological environment and danger of environmental pollution,expand the scope of criminal law protection of the ecological law, make theenvironmental criminal law can meet the requirements of environmental protectionlaw benefit of the criminal law.