On The Legal Protection View Of The Crime Of Polluting The Environment

The analysis of a crime from the protection of the law benefits,is beneficial to putting the crime into practice.Article 338 of the Criminal Law Amendment(8)regulates the crime of environmental pollution,but what kind of legal interests are protected by crime? There are different views in the theory,and the judicial determination is also quite chaotic.In summary,there are mainly four views of the theory of law and interest,including pure anthropocentrism,the law benefits of order,the law benefits of economics and the modern anthropocentrism.Pure anthropocentrism believes that the environment is only protected by criminal law because it provides a basic life foundation for human beings,otherwise human beings do not need to protect the environment.Therefore,human rights should be used as a key to understand the protection of environmental pollution crimes.The law benefits of order believes that the social management order formulated by the state,including the order of environmental resources management,has important value.Therefore,the criminal law has its inevitable attribute to protect it.The law benefits of economics belief that subject of legal protection of the environmental pollution crime is the environment itself,personal rights and property rights are no longer the protection focus of environmental pollution crimes.The modern anthropocentrism believes that in addition to protecting the environmental interests of mankind,the ecological environment benefits of other non-human beings must also be protected by criminal law.Pure anthropocentrism and law are in line with people's basic understanding of the original legal benefits,and provide judicial judgments for the implementation of judgment standards,but in fact only safeguard the interests of human life,without taking into account other non-human subject interests.The law benefits of order has opened up the discussion of the ecological center or the human center.It directly serves the social order of state management as a criterion for judgment,which is conducive to the operation of judicial practitioners.However,it does not have the possibility of distinguishing this crime from other crimes that undermine environmental resource management.That is,there is no in-depth analysis of the difference between this crime and other similar crimes.The law benefits of economics is centered on the protection of the ecological environment and is conducive to raising people's awareness of environmental protection.However,this view is difficult to apply in terms of China's current national conditions and the existing legal system.The modern anthropocentrism concept of law and benefits absorbs the rationality of environmental protection from the perspective of human beings in the anthropocentrism,and also pays attention to the inherent subject requirements of other non-human beings to the environment,and conforms to the basic concepts of legal interests,but it still does not Deviation from the human center.At this stage,the promotion of modern anthropocentrism in China is a more effective choice.Despite its shortcomings,it can better protect the human environment while protecting the ecological environment,at the same time the legal system does not conflict.In addition,anthropocentrism does not mean that it is a shortcoming,as long as used well,it can fully exert its value.