A Study On The Value Idea Of The Ecological Criminal Law

In the face of the very grave environmental question and ecocides day by day, the mankind begins to realize that there should be involvement with regular law in the fields of people and natural relation, however, people's ecological environmental awareness and concrete law are adjusted and only stayed on very undeveloped aspect, this kind of state reflects and protects in the criminal law of the ecological environment too, the legislative thoughts of most countries have inherited the value idea of the traditional criminal law, the traditional criminal law is regarded as the last kind of means to adjust social relationships, the target that adjust is interpersonal social relationships, the object protected by criminal law is that the people's life , health and property are safe, it is a kind of idea of value taking human interests as the center that reflects. Settlement beginning to get involved in criminal law to the environmental problem, still only regard the people's interests as the protection target of criminal law, without the interests of the nature. It have caused the traditional awkward situation to the ecocides that criminal law should, so it become inevitable as the formulation adjusting the economical criminal law of people and natural relation. Economical criminal law means that leads the ecological principle into the study on environmental problem in the place of criminal law and sets up the criminal law system which accords with the ecological law to solve the environmental problem between the people and the nature. The value idea of the economical criminal law is a foundation stone when establishing the economical criminal law. It is extremely important for establishing the theoretical system of economical criminal law, the value idea of the economical criminal law is the guidelines of the ecological criminal institution, and it is the foundation of establishing the basic system and the principle of the economical criminal law. Therefore, the thesis defining the Value idea of Ecological Criminal Law through the study of the Value idea and the Value idea of law, by analyzing the Value idea of traditional criminal law finding the default of resolving the environmental problem, at last, establishing the value idea of people evolve together with nature and the value idea of prevention first, and the first one is the general value idea of the economical criminal law, it runs through the whole economical criminal law, it not only directs the legislation and judicature of the economical criminal law, but also affects greatly the basic problem such as the definition of economical crime, the establish of the object of economical crime and the establish of the basic principle of economical crime; the value idea of prevention first is a concrete value idea under the value idea of people evolve together with nature, it emphasizes that the function of the ecological criminal law should be preventing economical crime at a large degree through the design of the relevant institution, realizing the evolvement together with the nature at last.