Research On Criminal Legislation To Protect The Ecological Benefits

China's current ecological problems are becoming more and more serious,which not only threatens the fundamental interests of mankind,but also has become one of the important factors that restrict the development of the transition period Chinese. Investigate its reason,both the pursuit of economic interests of the enterprise,the unreasonable of government industrial layout,but also with the dereliction of duty of environmental protection departments,but there is a reason can not be ignored,which is China's environmental criminal legislation on ecological protection ineffective. Lack of existing environmental crime punishment and the narrow scope of environmental criminal law,objects of protection of environmental criminal punishment,punishment means single, weak and so on, in fact are because that our understanding of the object of environmental crime is still in the lower level. This paper is based on the nature of the ecological and human social value,through the construction of ecological legal interest theory,the value orientation of criminal law based on the ecological legal interest of criminal law, to strengthen the full range of the ecological protection, provide a kind of value orientation of environmental criminal legislation,combined with the legislative idea of environmental criminal law,advanced foreign technology,put forward many suggestions for China's environmental criminal law.The full text is divided into the following sections:The first part describes the different theories about the object of environmental crime,on the basis of different theories in theory,comparison of gains and losses,pointed out that even the most scholars agree that the environment right is unreasonable,so as to find the theoretical basis-- the object of environmental crime should be the ecological interest of law.The second part of the construction of ecological legal interest of criminal law. In this part,pointing the logical starting of legal history,the main content and the legal interest of the criminal law on the formation mechanism,the definition of the ecological benefit,analyses the nature,subject,content,and provide a theoretical support for the protection of ecological interests in criminal law. And the ecological law construction to put forward the concept of criminal law in criminal law,the ecological law,summed up the criminal law to protect the legal interests of the ecological types,and based on the analysis of the legal standard of criminal law and should be pointed out that the ecological law,criminal law protection of ecological law should adhere to the value of legislation,so as to provide the correct concept of legislation for the environmental criminal legislation.The third part analyses the current situation and deficiency of China's ecological legal interest of criminal legislation. Through the review and Analysis on the protection of the ecological criminal legislation after the founding of new China, the lack of clarity is the main legislative idea backwardness,lack of environmental crime constitution of crime,penalty and non penalty measures and configuration of the missing.The forth part of the current ecological legal interest of criminal legislation, criminal legislation according to practice in some countries and regions in the legislative amendments,and put forward the following suggestions:first,the criminal legislation should focus on the protection of ecological interests,make the environmental crime independent; second,expanding the scope of criminal law protection of ecological interests,adding the environment crime related charges; third, establishing the crime of dangerous environment is necessary,and introduce the appropriate use of strict liability; fourth,Adjust the Freedom punishment to criminal part of the environment, improve the criminal fine and add qualification penalty; finally,based on the concept of ecological restoration should be introduced to the deadline governance of non penalty measures.