Research On The Legal Benefits Of The Crime Of Polluting The Environment

Nowadays,environmental governance has become a key area for the country to comprehensively deepen reform.As the main manifestation of environmental crime,pollution-type environmental crime has attracted much attention in environmental crime regulation.From a macro perspective,the regulation of environmental pollution crimes is a diverse issue involving the interweaving of administrative,criminal,and even civil.With the continuous improvement of environmental criminal law norms,the study of the interpretation of environmental pollution crimes from the perspective of criminal law is increasingly emerging.Among them,legal interest,as the core concept of criminal law,is related to the guidance and interpretation of the regulation and practice of environmental pollution crime in the process of legislation and judicial operation.In 2011,the legislature made substantial amendments to Article 338 of the Criminal Law,which caused widespread academic disputes about the connotation of the legal benefits of environmental pollution crime protection.From the perspective of preventive criminal law,there is a misalignment between the normative development of environmental pollution crimes and theoretical follow-up.Compared with the expansion of environmental criminal law legislation,the "environmental view" of my country’s environmental criminal law theory is slightly lagging behind.Here,strengthening the effective connection between the two and strictly protecting the criminal law network of the environmental pollution crime legal benefit is the important theoretical background of the environmental legal benefit concept demonstration.This article intends to introduce the typical case of the Tengger Desert Environmental Pollution Case.Through the investigation of the natural attributes of the environmental protection crime protection legal benefits,it responds to the main problem of the theoretical connotation of the environmental pollution protection protection legal interests,so as to break through the criminal law environmental protection legal protection route.From the perspective of normative interpretation,starting from the interpretation of the changes in the constitutional elements of Article 338 of the Criminal Law,taking the comparison between the crimes of environmental pollution,destructive environmental crimes,and crimes against public safety as an important direction and reference,between "personality and commonality" realizing the disclosure of the legal benefits of the environmental pollution crime is the key path of the research on the environmental pollution crime protection legal interests.Environmental law interest,as an emerging concept of law interest,should seek development in interpretation and criticism.Starting from the basic idea of law interest construction,based on the theory of law interest,we should conduct critical research on different views of environmental law interest,and then implement the concept and nature of environmental law benefits.The legal-crime attribute of environmental pollution crimes cannot be an obstacle to the independent protection of environmental legal interests,break through the inherent defects of the "legal-crime" of environmental pollution crimes,promote the "environment-individual" dual legal interest set structure,and further promote environmental legal interests with distinct natural attributes.The independent and explicit legal benefits of the crime of environmental pollution act on norms and practice,and have a positive significance for the in-depth development of issues related to the advancement of environmental legal interest protection in future legislation and judicial practice.