Research On The Regulation Of Environmental Crime Criminal Law Under The View Of Compound Legal Interest

The destruction and pollution of the environment are accompanied by the highly industrialized society.Environmental problems are an unavoidable annoyance in the process of national development.In order to control the environmental problem effectively,it is important to legislate the environmental crime.As the last line of defense,how criminal law can better intervene in the field of environmental protection and play an important role in the prevention and punishment of environmental crimes has become an important subject of academic research.The complexity of environmental elements determines that the governance of environmental crimes needs special theories and mechanisms.Socialist ecological civilization era background,the "criminal law amendment（eight）" and "criminal law amendment（11）,previously" criminal law "provisions of the" major environmental pollution accident crime "changed to" environmental pollution ",and further expand the environmental behavior of crime and punishment sentencing plot,embodies the national protection of the ecological civilization concept of progress,It shows our country’s determination to govern environmental crime strictly,and also shows the transformation of the view of environmental crime protection from human-centered view of legal interest to multiple view of legal interest--human-centered view of legal interest under ecology.However,there are still shortcomings in the current research on environmental crimes in China’s criminal law: at the theoretical level,the definition of legal interests of environmental crimes is unclear,the legal status of the multiple legal interests view has not been faced,the judicial practice of environmental crimes lack of theoretical basis,resulting in the phenomenon of different sentences for the same case in judicial practice;In practical level,the traditional law theory under the guidance of the concept of environmental crime judicial application still exist deficiencies,such as the protection of legal interest of the breadth and depth is not enough,lack of the environmental law profit damage quantitative evaluation system,restorative justice is not perfect,environmental crime punishment system thin,fine punishment degree for more,lack of qualification penalty applicable,punishment configuration needs to be improved.In this paper,combining the case analysis,literature research,comparative analysis,semantic analysis,combing the basic theory of environmental crime in our country and its special properties,based on the typical case retrieval law class,analysis of the traditional law system of environmental crime in the criminal theory of context what shortcomings,studies the current criminal law educational world three directions of the environmental law benefit protection theory,It is further demonstrated that the concept of complex legal interests strengthens the rationality of the protection of environmental legal interests and advocates its guiding position in environmental crimes.On this basis,the author puts forward some suggestions on perfecting the criminal law regulation system of environmental crime under the view of legal benefit.Reflecting on the concept of protecting legal interests of environmental crimes in China and reconstructing the governance system are the inevitable requirements of the sound development of national economy.Based on the theory analysis of legal interests of environmental crimes and the demonstration of judicial cases,the paper puts forward suggestions and solutions to the criminal law regulation of environmental crimes in China on the basis of fully combining the basic national conditions of our country.It mainly includes the reconstruction and establishment of the legal interest protection theory of environmental crime,the perfection of the regulation content of environmental crime criminal law,the types of environmental crime and non-penalty provisions and so on.Specifically including: first,limited expansion of environmental criminal behavior types;Second,establish the quantification evaluation system of environmental legal benefit damage;Thirdly,we should perfect the application of restorative justice in the regulation of environmental crimes.Fourthly,we should enrich the penalty mechanism of environmental crimes,improve the freedom penalty and introduce the qualification penalty.