A Comparative Study On The Legal Interests Of Environmental Crimes Between China And Japan

The purpose of criminal law is to protect the legal interests,and its content is to test the criteria for the initiation of punishment.In China's environmental criminal law,due to the uncertainty of the connotation of the legal interests,the application of law is weak.Therefore,a proper understanding of the concept of the legal interests has become a top priority in solving environmental pollution problems.In contrast,Japan's humanistic legal interests view of environmental criminal law makes it a successful model of environmental governance.By comparing the protection of the legal interests in environmental crimes between China and Japan,this paper points out that China should establish a truly humanistic environmental criminal law system in order to avoid the “emptiness” and “thinning” of the concept of the legal interests.This paper consists of four chapters,the specific structure is as follows:The first chapter analyses the connotation and development direction of the legal interest of environmental crime in Japan.From “public nuisance criminal law” to “environmental criminal law” is the legislator's deep understanding of the concept of the legal interests under humanism,the emphasis on protecting the environment wealth of human good life,and the new transformation of the connotation of legal interests from “the era of public nuisance law engaged in post-relief to the era of environmental law centered on pre-prevention”.The second chapter analyses the connotation of protecting the legal interests of environmental crime in China.China's current environmental criminal law reflects the importance of the state to the social management order.As the substantive standard of judging crime and non-crime,the theory of “social harmfulness” is not consistent with the true humanistic view of legal interests.It is a typical national-based environmental protection strategy.The third chapter compares the legal interests of environmental crime between China and Japan.As far as the basic position is concerned,Japan protects environmental wealth under intergenerational equity,while China evaluates environmental crimes based on national departmentalism.As far as the main connotation is concerned,Japan's legal interest connotation is more open,and people-related wealth may become the protection of legal interests,while China may ignore some important environmental interests in a closed state.The fourth chapter is the enlightenment from the comparison of the legal interests of environmental crime between China and Japan.Our country should construct an environmental criminal law which is in line with the social trend and has affinity,thoroughly change the existing position,establish a legislative model of joint protection under the multi-environmental criminal law system,and reconsider the characteristics of environmental crime in the new period,so as to safeguard the basic public financial right of the contemporary and future generations to enjoy a good living environment.