Research On The Legal Interest Of Environmental Pollution Crime

Since the establishment of the crime of environmental pollution,there have been many doubts in theoretical research and judicial application.The key reason is that the protection of legal interests of this crime has diverged in interpretation.Before the introduction of the " Criminal Law Amendment(11)," the legislative expression was ambiguous and failed to clearly explain the protection of legal interests of the crime.The multiple legal interests protection concepts reflected after the legislative revision caused disputes between different legal interests.The judicial interpretation stipulates specific standards for conviction in the state of unclear legal interests,which not only fails to effectively guide judicial practice,but also makes the legal interests of the crime more difficult to define.With regard to the protection of the legal interests of the offence,there are mainly disputes between the orderist view of legal interests,the anthropocentric view of legal interests,the environmentalist view of legal interests and the ecological anthropocentric view of legal interests.At this stage,in order to effectively deal with the risk of environmental pollution and regulate pollution behaviour,the value of the protection of environmental legal interests in the crime of polluting the environment should be recognised,but the protection of human-centred legal interests should not be abandoned.In addition to ecological anthropocentric view of legal interests,other legal interest views have one-sidedness and limitations in the identification of specific legal interests.Therefore,compared with other legal interest views,ecological anthropocentric view of legal interests is a more appropriate choice.However,under the guidance of the dualism of legal interests,the concept of giving independent protection status to environmental legal interests is difficult to reasonably solve the internal conflict of legal interests,and may even have the risk of subverting the humanistic value pursuit of legal interests.It should be guided by the eased monism of legal interests,determine the boundary of independent protection of environmental legal interests in the crime of polluting the environment,and clarify that environmental legal interests as collective legal interests should be carried out around the protection of individual legal interests.The protection of environmental legal interests of this crime is essentially the protection of individual legal interests,so as to reasonably deal with the relationship between the two legal interests,further analyze the judicial determination of relevant conviction standards,and solve the difficulties in the determination and application of legal interests of this crime.