| The object of environmental pollution damage includes not only the traditional personal health,property and other private interests,but also the damage to the ecological environment itself.The ecological environment is not only a natural resource,but also the foundation of a better life for mankind.However,through the judicial practice of analyzing the crime of polluting the environment,it is found that the ecological legal benefits and public and private legal interests are confused,and the ecological environmental damage is often included in the evaluation of public and private property losses.The independent value of the ecological environment has not been highlighted in the judicial system.This kind of confusion applies to the criminal suspect’s conviction and sentencing,has a significant impact on the crime,is also not conducive to the protection of the ecological environment.The first part of the thesis defines the concept of public and private property loss and ecological environment damage,and analyzes the related concepts of public and private property and ecological environment damage,and clarifies the connotation and extension of public and private property loss and ecological environment damage.The second part of the thesis sorts out the legislative changes of the crime of polluting the environment.From the crime of major pollution accidents,simply claiming personal and property losses,and the crime of polluting the environment is one of the serious crimes of environmental pollution.It shows that the current crime of environmental pollution has already protected the ecological legal benefits as the object of criminal law.Behind the changes in the crime of polluting the environment is the change of legal protection.It is the inevitable that anthropocentrism will move towards ecological legal protection by distinguishing ecological environmental damage from public and private property losses.The third part of the thesis analyzes the current situation of the application of the public and private property losses and the ecological environment damages.It is found that the judges have different definitions of the scope of public and private property losses and ecological environment damage.The ecological environment damage is confused with the scope of public and private property losses.The concept applied by the judge in the referee applies confusion.The fourth part of the thesis discusses the loss of public and private property and the scope of ecological environment damage.Because the legal norms or technical specifications involving public and private property losses and ecological environmental damage are inconsistent in their content,there is a dispute over the scope of public and private property losses and ecological environmental damage.In addition,differences in environmental damage assessment methods can lead to different damage identification results.The fifth part of the thesis discusses the application of the distinction between public and private property losses and ecological environment damage.It is suggested that the amount of public and private property loss and ecological damage should beused as the sentencing plot to establish a unified legal concept of public or private property loss or ecological environmental damage,and establish a unified environmental damage assessment and appraisal rule,which is applicable to the distinction between public and private property damage and ecological environmental damage.Two resolution modes are proposed. |
