Multi-level Interpretation Of The Concept Of Legal Benefits In Environmental Crime

Since the 18 th National Congress of the Party,Xi Jinping has stressed that "Lucid waters and lush mountains are invaluable assets." and he made a series of important expositions,which have become an important direction in solving environmental problems at present and in a period to come.As the premise of human survival and the basis of sustainable development,the environment is of great significance,and the environmental issues caused by the right equity,intergenerational equity,intra-generational equity is a new challenge to criminal law.How to bring the environmental problem into the adjustment scope of criminal law without destroying the basic attribute of criminal law in a special way,it is necessary to find a medium to connect the two.Environmental law benefits happen to be Act as this medium.According to the idea of problem-analysis-problem-solving,this paper explains it in three parts.The first part concretely points out the legislative and judicial dilemma in the field of environmental crime in China,and briefly expounds the key role of environmental law interests in solving these problems.The second part analyzes the error of current environmental law interest research in our country.At present,there are three tendencies in defining the legal interests of environmental criminal law in our country,one is the tendency to formalize the interests of environmental law,the other is the tendency to replace the subject of legal interests from the standpoint of ecocentrism.Another is the improvement of the idea of interest in human-centered environmental law,that is,the "compromise theory".Although these three kinds of legal interest tendenciesHowever,in some aspects,it provides some theoretical support to solve the environmental crimes,but it does not explore the essence of environmental crimes,which is not conducive to our correct understanding of the nature of environmental crime.The third part,aiming at the above problems and analysis,puts forward the interpretation of environmental law benefit in our country under the environment ethics view of sustainable development.That is,the construction of legal interests of environmental criminal law should be based on the following three principles:(1)opposing the fossilization and formalization of the concept of legal interests,(2)relying on the contemporary mainstream environmental ethics-New anthropocentrism environmental ethics;(3)the interests of environmental criminal law protection law should reflect the complexity and multi-level of environmental problems.In this paper,a three-level concept of environmental law interest is put forward.The first level is the direct legal interest based on the actual harmfulness,which means that the individual or the social collectives are directly threatened by the crime of environmental pollution.Predictable and directly calculated economic and security benefits are the most direct forms of environmental criminal law interests.In the form of objective elements of crime,infringing on this kind of legal interests is mainly composed of actual crime and concrete dangerous crime.The second level is the indirect benefit derived from the concept of sustainable development,which is based on the concept of a risky society,and may suffer from socio-economic losses that are difficult to directly estimate due to the destruction of species diversity and ecosystems.Benefits of sustainable development This is the main indirect form of environmental criminal law.In the form of objective elements of crime,the behavior of infringing such legal interests is mainly abstract dangerous crime.The third level is based on the legal interests of the spirit of the concept of environmental law,mainly in the way of serious disregard of public order good customs,including animal abuse,defacement and other acts may infringe on human common environmental morality and value.This kind of legal interest itself lacks the substantial benefit foundation,under the different criminal law view vision,will bring the dispute such as the crime circle setting and the criminal law modesty and so on.