The Proposal And Application Of The Dual Collective Legal Interest View Of Environmental Pollution Crime

Legal interest means the interest protected by law,and it is also the important basis to explain the constitutive elements of crime,thus clear the content of legal interest and strengthen the theoretical research of legal interest is very important in the field of legislation and the judicial work.As the risk society theory is put forward,the emerging field of risks represented by environmental risks are emerging in endlessly,and the traditional theory of legal interest in dealing with the new risks is too limited."Of the People’s Republic of China criminal law" the 338th"environmental pollution" is modified by "the crime of major environmental pollution accident",which result in the changes of the constitutive elements of crime,and influenced by the development of environmental ethics,concept of legal interests also experienced from the anthropocentric view of legal interest to ecological legal interest,however,whether anthropocentric or ecological center cannot properly cover environmental pollution crime range of interests.Because the unclear legal interests that lead to the confusion of accomplished patterns of the crime,and lead to the different judgments in the same case.Therefore,in order to clear the content of legal interest,to meet the needs of the current construction of ecological civilization in our country,it is necessary to combine the characteristics of the environmental pollution crime,to re-examine its normal structure,and to affirm criminal pattern.The purpose of this paper is to introduce the concept of collective legal interest and to prove the rationality of its application in environmental pollution crime,in order to build the dualism collective interest and give it independent protection status.Through application in the legislative and judicial level to achieve environmental protection and beautiful construction in China.This article is divided into five parts,including the raising of the problem,the views of accomplished crime types and analysis of the causes,the legal interest debates of environmental pollution crime,the review and analysis of the former views of the legal interests,the raising of collective legal interests,and the application of collective legal interests.The first part is mainly around the raising of the problem,which introduces the changes of criminal components of environmental pollution crime.Raising the types of accomplished crime through two cases,and It is further proposed that the reason why different person have different view about them is that the undefined legal interest of environmental pollution crime.The second part is mainly about the views of accomplished crime types and analysis of the causes.Academic circles at present for the accomplished crime types of environmental pollution crime mainly include real damage offenses,the abstract dangerous offenses,the abstract dangerous offenses,the accumulative offenses,and the confused dispute causes include the concept and the legal interest of the environmental pollution crime is unknown.The third part is about the legal interest debates of environmental pollution crime.Combining with the development of environmental ethics,this paper introduces the academic circles for environmental pollution crime of different views of interests,respectively discusses the development of the thoughts of different legal interests.And it also make a analysis of the anthropocentric legal interests,the ecological legal interests,in order to point out the limitations of its application in environmental pollution crime.The fourth part is about pointing out the shortcoming of the former view of legal benefit and raising the concept of collective legal interests,improving the necessity of collective legal interest.This paper admit the independent protection status of environment and abandon the theory of monism.Building a protection system:protecting the final legal interest by protecting the basic legal interest.And introducing the concept and development of the collective legal interest;next,proving the necessity of collective legal interest and what problems it can solve;in the end,setting the scope of legal interest reasonably.Based on the above argument for the collection of legal interest,re-locating the legal interest of the pollution environment crime.Compared with the traditional personal legal interest,the legal interest of the pollution environment crime is different.It not only embodies the interests of the individual,also reflects the overall interests of the natural environment,which is compound.That feature is the same as collective legal interest.So protecting environment legal interest by building a protection system.The fifth part about the application of the collective legal interest of environmental pollution crime.Realizing the function of legal interests in the legislative and judicial level on the basis of the binary collective legal interest of environmental pollution crime:in the legislative level,Including redraw the border of the legal interests of environmental pollution crime reasonably and standardize the environmental pollution crime types clearly;in and judicial level,Including explain of the existing judicial interpretation and put forward relevant suggestion.