Research On The Difficult Problems Of Environmental Pollution Crime From The Perspective Of Environmental Protection Legal Interests

As the material source of human existence,environment is closely related to human life,which is related to human survival and development.With the rapid development of domestic economy,China is facing more and more serious ecological environment problems.Environmental accidents occur frequently,which threaten the survival of human beings,and make economic development face great obstacles.In the context of increasingly serious environmental problems,China has issued the amendment(VIII)to the criminal law(2011).Article 46 of the amendment changes the "crime of major environmental pollution accident" to "crime of environmental pollution",and then issued the "judicial interpretation" in 2013 and 2016 respectively.It has gradually improved the criminal punishment system of environmental pollution crime,and at the same time,many "sky high fines" have emerged,which has become an important topic in the current governance of environmental pollution crime.It should be noted that the "crime of environmental pollution" defined in Article 338 of the criminal law still has a series of problems to be further improved.In order to comply with the concept of the rule of law of environmental protection and the objective needs of judicial practice,the criminal law academic circle and judicial practice field gradually deepen the exploration of the crime of environmental pollution,and focus on the topic of "seeing the dust".In this paper,starting from the "crime of environmental pollution" in Article 338 of the criminal law,the following parts are studied:The first part summarizes the current situation of the criminal law regulation of environmental pollution crime.This paper analyzes the crime of environmental pollution from the perspective of legislation and justice.At the legislative level,the introduction starts from two important time points and analyzes the legislative development of environmental pollution crime.The introduction of justice summarizes the characteristics of the crime of environmental pollution in the judicial practice from the perspective of judicial practice and theoretical dispute,which provides support for the subsequent analysis of the dispute of this crime.The second part expounds the legal interest of environmental pollution crime.The essence of crime,clear legal interests become the basis of accurate application.This paper first analyzes the various views of the crime of environmental pollution in the field of domestic criminal law research,and then analyzes the protection of thelegal interest of this crime from the perspective of four mainstream legal interest theories,such as ecocentrism,anthropocentrism,ecocentrism and legal order theory,and finally points out that the ecological anthropocentrism is the protection of the legal interest of this crime.The third part analyzes the objective behavior of the crime of environmental pollution,discusses the nature of the crime of environmental pollution,and makes a reasonable distinction between how to understand the behavior in violation of national regulations and how to interpret the toxic and harmful substancesThe fourth part based on the protection of legal interests to explore the form of environmental pollution.This paper discusses the reasons for supporting the three views in the research field: intentional view,negligent view and compound guilty view respectively,and puts forward the shortcomings of negligent view and compound guilty view,and points out that the subjective aspect of this crime should be identified as intentional from the protection of legal interests and judicial practice dimensions of this crime.The fifth part discusses the crime of environmental pollution in the perspective of legal interest protection.It mainly focuses on the analysis of behavior crime and result crime,dangerous crime and actual harm crime.According to various theories in the academic circle,it is believed that the behavior crime and the result crime can coexist in different legal interests,and the dangerous crime and the actual harm crime are also the crime forms of environmental pollution crime.The sixth part is the concurrence of the crime of polluting the environment and the crime of putting dangerous substances in the perspective of legal interest protection.First of all,it affirms that there is a concurrence relationship between the two crimes,and holds that the two crimes are imaginative concurrence relationship through demonstration,and provides basis for the division of the two crimes under the guidance of legal interests.