| As of the time of writing,the outbreak of COVID-19 in early 2020 has resulted in more than 200 million confirmed cases worldwide and more than 5 million deaths.In the face of this common disaster for mankind regardless of country or race,earth-shaking changes are taking place in people’s diet,daily life,work and life,as well as economic and social development,scientific research,and the international political landscape.The biosecurity issues exposed by the COVID-19 epidemic and virus traceability have attracted worldwide attention.As General Secretary Xi Jinping successively issued a series of important instructions and instructions on biosafety issues and the introduction of the "Biosafety Law",biosafety issues have risen to the level of national security and national development strategies.It has become an inevitable choice at the national level to strengthen theoretical research on biosafety,improve the biosafety governance system,and enhance biosafety governance capabilities.In general,this paper will take the research on biosafety and biosafety crime as the starting point,briefly expound the basic issues of biosafety research,and propose that biosafety is subordinate to environmental security,and biosafety crime belongs to environmental crime in a broad sense.Analyze and sort out the basic problems existing at the legislative level of environmental criminal law.On this basis,it creatively proposes to establish an ecocentric view of legal interests that conforms to the reality of my country’s biosafety environmental crime governance under the guidance of Xi Jinping’s thought on ecological civilization and the community of human and natural life.and the basic conception of the penal system.Following the above research context,conduct a systematic study of environmental criminal law from the perspective of biosafety from "discovering new problems","finding old problems" to "solving problems creatively".In the basic theoretical research of biosafety,we must first clarify the concept of biosafety.Biosecurity refers to the ability of the state to maintain biological security and ecological security in order to protect people’s life and health and the healthy development of the ecological environment.Biosafety specifically includes two aspects: biological safety and ecological safety.Among them,biosafety includes: protecting people or the natural environment from the harmful consequences of microorganisms or toxins;preventing the risk of human beings or nature being damaged by man-made manufacture,use,or dissemination of microorganisms or toxins.Ecological safety includes: preventing the over-exploitation and utilization of wild animal and plant resources,which will affect biodiversity and ecological balance;preventing the abuse of gene editing technology and transgenic technology,which will pollute the existing genetic environment in nature.Biosecurity issues have the characteristics of concealment,globality,man-made,systematic and diverse.In terms of attributes,biosecurity is subordinate to national security and environmental security.As a new type of academic crime,biosafety crime refers to socially harmful behaviors that endanger biological safety or ecological safety and should be punished according to the law.According to the basic classification logic of biosecurity,biosecurity crimes can also be divided into two categories: crimes against biological security and crimes against ecological security.And environmental crime itself is also a complex and constantly expanding theoretical crime.In terms of normative relationship,biosecurity crimes belong to the category of(generalized)environmental crimes.In the current system of sub-rules in my country’s Criminal Law,biosecurity crimes mainly cover most of the 16 crimes of destroying environmental resources protection in Chapter 6,Section 6,except for some crimes of destroying resources,and Chapter 6,Section 5.Some of the crimes of endangering public health may even involve some of the crimes of smuggling in Section 2 of Chapter 3 and the crime of malfeasance in Chapter 9.Obviously,the current legislative reserve is unable to adapt to the needs and development speed of biosecurity governance.And whether it is based on the positive criminal law concept,risk society theory,ethics,economics or the reality of social development,it is necessary and reasonable to include the behavior endangering biological safety into the scope of criminal law regulation.This paper also advocates the idea of the community of life between man and nature,and the latest achievement of the Sinicization of Marxism formed on this basis—Xi Jinping’s thought on ecological civilization as the basic theoretical paradigm of biosafety research.From the perspective of environmental criminal law,the basic problems of environmental criminal law are studied.Biosecurity is subordinate to environmental security,and biosecurity crime is a subcategory of environmental crime in a broad sense.The main problem facing my country’s environmental criminal law is also the unavoidable contradiction in biosafety criminal legislation.In a nutshell,my country’s environmental criminal law has gone through three development stages: the difficult exploration before the promulgation of the Criminal Law in 1997,the major reform of the Criminal Law in 1997,and the important breakthrough of the Criminal Law Amendment(VIII).In this process,the environmental criminal law has formed the basic guiding ideology and legislative thinking of anthropocentrism,constructed a criminal legal system covering the protection of the natural environment and natural resources,and established 16 crimes covered in the section on the crime of destroying the protection of environmental resources.It is precisely because of the influence of the anthropocentric view of legal interests that the creation of legislation places environmental crimes in the crime of disrupting social management order in Chapter 6 of the Criminal Law,which is inappropriately regarded as a crime of disrupting order.In the research methods of environmental criminal law,dogmatic research and empirical research have begun to rise,but each has its own shortcomings;in terms of research ideas,it is undergoing an important transition from legislative research to judicial research,from case research to system research,and each has its own shortcomings.It has a shortpart.However,it should also be noted that environmental criminal law has long been questioned by "labeled" legislation;in the legislative process,there are unreasonable chapters on the crime of obstructing social management order,legislative work is lagging,and traditional environmental criminal law The crime system cannot fully protect legal interests,and the boundaries between environmental crimes and environmental administrative violations are unclear.The deficiencies in legislation are reflected in the judicial link,and the challenges they face are mainly reflected in the procedural connection between judicial organs and administrative law enforcement departments.There are risks such as poor smoothness,irregular transformation of evidence,and hidden crimes by judicial staff.In the selection of the legal benefit view of environmental criminal law from the perspective of biosecurity,this paper argues that the idea of the community of human and natural life and Xi Jinping’s thought on ecological civilization developed therefrom should be used as the basic theoretical paradigm to guide the legal benefit view of environmental criminal law from the perspective of biosecurity.reshape.First of all,this paper will conduct a comprehensive review of the anthropocentric legal interest view generally adhered to by the current environmental and criminal law research institutes in my country,and clearly find out the root cause of its wrong adherence,that is,it is improperly influenced by the first and second generation ethics and legal ideological attributes.And on the basis of the third-generation ethics view and the second-generation environmental rights theory,it critically inherits the eco-centrism view of legal interests,and on this basis,removes environmental crimes from the chapter on crimes of obstructing social management order.Secondly,it briefly introduces the basic proposition and historical origin of the ecocentric view of legal interests,and on the basis of the advanced legislative experience of foreign environmental criminal law,finds a possible path for the ecocentric view of legal interests and legislative guiding ideology to be realized in my country.Finally,under the guidance of Xi Jinping’s thought on ecological civilization and the thought of human and natural life community,the establishment of the eco-centrism concept of legal interests in the field of biosafety environmental criminal law is realized.Finally,with the fundamental guidance of the ecocentric view of legal interests under Xi Jinping’s ecological civilization thought,we explore the specific path to remove the "symbolic" legislative label of environmental criminal law,and propose that environmental criminal law is not purely instrumental legislation,and "symbolism is false" There is a fallacy of logical deduction with "fake is useless".The sharp increase in the number of environmental crime cases in recent years and the innovative development of environmental judicial practice have also refuted this from an empirical level.On the basic conception of the crime system(type of crime)of environmental criminal law from the perspective of biosafety,this paper argues that,first of all,we should follow the general direction of the codification process of my country’s criminal law and adhere to the basic principle of legislation in a special chapter of environmental criminal law,that is,environmental criminal law should be changed from the current one The chapters are stripped,and the logical connection between the chapters is reconstructed,highlighting the status of environmental criminal law and realizing the systematic development of environmental criminal law.After all,China’s current “Criminal Law”has promulgated 11 amendments.With the codification of the Civil Code and the gradual improvement of the criminal legal system,the codification process of China’s criminal law is also expected to start with it,in a sense,it is a useful exploration for the future Criminal Code.Secondly,the most controversial crimes in the current environmental criminal law should be revised,and new crimes should be added appropriately: the crime of environmental pollution should be divided into the crime of polluting the atmosphere,the crime of water resources and the crime of polluting the land,and the above crimes should be determined as a single form of crime(intentional),the basic crime is a dangerous crime,and the crime of negligent pollution of the environment is added;the advanced experience in the control of illegal fishing of aquatic products has been absorbed since the implementation of the "Yangtze River Banning Ten-Year Plan",and the standard of "serious circumstances" for the crime of illegal fishing of aquatic products is clarified,appropriately increase the application rate of imprisonment for this crime;add new types of biosafety-related environmental crimes such as illegal gene editing,misuse of genetically modified animal and plant resources,infringement of new plant variety rights,biosafety supervision dereliction of duty,and animal cruelty.Realize the comprehensiveness and comprehensiveness of the environmental criminal law system from the perspective of biosecurity.Thirdly,put forward the basic conception of the criminal form of environmental crime from the perspective of biosecurity.In view of the current debate between the single-crime theory and the compound-crime theory,on the basis of a comprehensive analysis of the origin of the latter and its internal justification mechanism,it is concluded that the single-crime theory is more in line with the basic principles and legislative methods of our country’s criminal law.Finally,basic propositions are put forward for the criminalization standard(accomplished standard)of environmental crimes from the perspective of biosafety.In view of the similarities and differences between consequential criminals and specific dangerous criminals,abstract dangerous criminals and other different criminalization standards,it is proposed that different charges for environmental crimes should be differentiated Apply different criminalization standards,and put forward a specific criticism on the basic form of crime in which some crimes represented by environmental pollution crimes are applied indiscriminately.In the construction of the penalty system of biosafety environment criminal law,this paper advocates that the principle of modesty in criminal law should be adhered to,the criminal policy of combining leniency with strictness as the benchmark,and the correct use of stereotyped thinking to guide the legislative work.Specifically,in the setting of criminal types for biosafety environmental crimes,non-custodial sentences should be carefully set for specific types of crimes,the configuration of eligible penalties should be improved,and the application of new non-penalty measures such as "ecological restoration" should be explored to better achieve The purpose of punishment;in the control of the punishment of biosafety environment crimes,for biosafety environment crimes committed in different periods,different places,and different ways,the personal danger of the offender and the social harm of the criminal behavior should be comprehensively considered.From the perspective of the actual needs of social governance,the setting of punishment should be prudently and actively grasped.All in all,the topic of this paper is the legislative research on environmental criminal law from the perspective of biosecurity.Issues related to biosafety governance are the traction,reflect on the current insufficient environmental criminal law legislation,and plan for legislative improvement.Biosafety is a prominent aspect of current environmental problems,and it is also a research direction that must be faced in the development of my country’s environmental criminal law.The problems that need to be faced in the construction of the biosafety criminal legal system are also the common problems that need to be solved urgently in the current environmental criminal law.Biosafety issues not only affect traditional social fields such as natural science research,environmental protection,and public health,but also have a profound impact on the legal system,political system,and even ideology and other superstructure elements.Since the outbreak of the new crown pneumonia,the issue of biosecurity and the institutional loopholes and hidden dangers behind it have become increasingly prominent.The country is taking the response to biosecurity issues as an important part of realizing the modernization of the governance system and governance capacity,as a key means to maintain national security and social stability,and as a necessity to achieve "the free and comprehensive development of human beings" and to practice the people-centered development philosophy.action.Therefore,the theoretical study of environmental criminal law from the perspective of biosecurity actually shoulders a more important political mission beyond the theoretical study of criminal law,which must be the fundamental reason why the country has shown unprecedented attention to this issue. |
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