| Pre-protection of legal protection is the trend of criminal law development.In order to analyze this trend,it is necessary to analyze the causes,boundaries and ways of realization of legal protection.In the context of the risk society,the traditional criminal law theory shows its own shortcomings in dealing with risks: the traditional criminal law has a lag on certain crimes,and the results of the follow-up are difficult to adapt to the uncertainty of the risk society.The emergence of new legal interests makes traditional criminal law impossible to regulate.It is difficult to effectively regulate illegal behaviors by using traditional causality theory.Traditional criminal law takes natural persons as the main subject of criminal responsibility,ignoring the regulation of collective responsibility.It is argued that the function of criminal law should be the risk of controlling and preventing risks.The criminal law theory also provides theoretical support for the pre-chemicalization of legal protection.Legal protection cannot be over-provisioned.In the process of pre-positioning,it cannot break through the modesty of criminal law and cannot excessively interfere with freedom.In order to achieve the effect of pre-emptive protection of the legal benefits of the criminal law,the traditional means are criminal punishments and punishments for dangerous criminals.Modern means include punishment for preparatory offenders,abstract dangerous criminals,negligent dangerous criminals and accumulating criminals.The study of pre-emptive environmental protection protection must first define environmental legal benefits.The concept of environment establishes the ethical foundation for the environmental criminal law legal benefit.The traditional anthropocentrism environmental concept ignores the value of the environment itself.Eco-centrism ignores the subject value of human beings as an ethical view to a certain extent,while paying attention to human interests and ecological interests.The revised anthropocentrism view more appropriately deals with the relationship between man and nature.By drawing on the legislative experience of environmental criminal law in Germany,Japan and the United States,this paper analyzes the different theories of Chinese scholars on environmental crime objects.The object to be protected by environmental criminal law in China should be determined as the environmental legal benefit,which is conducive to overcoming the limitations of other doctrines of environmental crime objects.To better protect the environment.The protection of the ecological environment in China's criminal law is constantly increasing.Although the Criminal Law Amendment(VIII)has amended the “Significant Environmental Pollution Accident” and lowered the threshold for entry,the current Criminal Law still protects the environmental protection.There are some shortcomings and shortcomings: the legal benefit of protection is the national environmental resource protection management system,the lack of protection of the environment itself;the excessive attention to property and personal interests,the ecological environmental protection lags;the current causal relationship rules are difficult to prove.From the perspective of risk criminal law,China's environmental criminal law should make corresponding adjustments to counter the impact of risk.Drawing on the provisions of the German and Japanese environmental crime risk criminal system and combining the national conditions of China's developing countries,the specific measures for the pre-position of environmental law benefits in China should be the establishment of dangerous criminals,including both natural and legal persons;subjective aspects include intentional It also includes negligence;adopts the principle of presumption of causality;the type of dangerous offender is manifested as a specific dangerous criminal. |
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