Reviewing and Advocating the Legal Interest View of Environmental Crime
Criminal Law Amendment(11)has made great adjustments to the section of the crime of destroying the protection of environmental resources,and the traditional concept of legal interests of environmental crime has been impacted.The one-sidedness and ambiguity defects of anthropocentrism,ecocentrism and ecological anthropocentrism cannot meet the needs of China's current ecological civilization construction.Based on the necessity of protecting environmental legal interests,the scientificity of sustainable development theory and intergenerational equity theory,and the legitimacy of taking environmental rights as the core legal interests,this paper advocates the construction of a hierarchical and compound legal interest structure with environmental rights as the inner legal interests and environmental management order as the outer legal interests,breaking the ideological barriers between traditional human legal interests and modern environmental legal interests,so as to realize the dual functions of human rights protection and order maintenance of criminal law.
NETL
NSTL
万方数据
维普
