Research On Legal Interest Of Protection Pollution Environmental Crime

Legal interest,from the semantic perspective,that is,the benefits of the law can be obtained.The objective interpretation of objectivism requires that the legal interest be regarded as the norm of criminal law,especially the concept index of the interpretation of constitutive elements.According to the current criminal law of China,the crime of pollution environmental refers to the discharge,dumping or disposal of radioactive wastes,wastes containing infectious diseases,toxic substances or other harmful substances in violation of the provisions of the state,and seriously affecting the behavior of the environment.In the judicial practice in recent years,through successive introduction of corresponding judicial interpretation,article 338 of the criminal law strongly promotes the transition of environmental law enforcement from the human central view to ecological holism legal interest.However,from Suzhou Dongshan dumpingcase,Shanghai Huangpu river dead pig drifting case,the existing legislation can not completely solve the problem that the crime of environmental pollution crime is more general.on the one hand,the judicial interpretation,especially,the supreme people's court,the supreme people's procuratorate issued twice in 2013 and 2016," the interpretation of applicable law on the application of environmental pollution criminal cases" does not grasp the core changes of legislation,still confuses the relationship between environmental law and other legal interests,and the foothold is still to protect individual legal interests and social management order,it is difficult to effectively deal with the characteristics of the complexity of environmental law On the other hand,in the judicial practice,in the short term,greatly increased the difficulty and cost of administrative organs and judicial organs,and affected the determination of specific crimes by the judicial organs;Long-term view is to reduce the legal protection of environmental law benefits,the sluggish environmental protection work of the rule of law process.Therefore,how to adopt the legislative amendment and other means to truly establish the " criminal law" on the independent appeal of environmental law,straighten out the legal interests of environmental management order,traditional life,property,life well-being and the relationship between the order relationship,it is worth our thinking.Through the research,this paper points out that the legislative amendment of the criminal law should clearly protect the content of environmental law beneficial,and on this basis,analyzes the limits of the protection of environmental law in the criminal law,and discusses the path method of the confusion of current judicial practice.