| The protection of environment and ecological interests needs to include environmental law,administrative law,criminal law,environmental law system.In order to realize the effective protection of the ecological benefit of criminal law,it is necessary to study the inherent logic category of legal theory.The generalized law benefit is achieved through legal interests and the expression of special law refers to the legal interest of the criminal law,criminal law protection law infringement crime object.With the continuous improvement of the concept of environmental protection,the development of the rule of law also presents a new trend of ecological law.On the criminal law theory,the traditional criminal law in the national law and social law,personal law benefit three criminal law structure,is gradually changing to the national personal-social-ecological benefits four interest structure.In order to realize the construction of the theory of the criminal protection system of ecological legal interest in China,we should clearly define the independent status of ecological interests in the legal interest of criminal law,and prove the necessity of criminal protection.Then,the author reviews the current criminal law,analyzes the legal interest structure of the sixth section of the criminal law of China in the sixth section of the destruction of environmental resources protection.According to the different charges covered by the function of ecological legal characteristics,type of distinction between the various charges in the ecological legal interest protection types,summarized practical difficulties,part of the advanced experience of foreign reference ecological legal interest of criminal protection,from the conversion of legislative thinking,expand the scope of protection,and improve the standard of judicial punishment,the path to improve the reform of penalty means China's ecological legal interest of criminal protection. |
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