Identification of Legal Interests in Environmental Crimes from the Perspective of Environmental Law Codification
The codification of environmental law is necessary.However,constrained by existing legislative structures,the codification of environmental law lacks completeness,especially in the regulation of environmental crimes.If general provisions for the protection of legal interests in environmental crimes are set up in the environmental code,they should not be deviated from the specific elements constituting environmental crimes.When specifically identifying the legal interests to be protected in environmental crimes,the type or system of legal interests that should exceed the statutory law should not be regarded as the legal interests to be protected in environmental crimes.Instead,protective interests should be determined based on the normative purpose of the positive law.Specifically,the protective legal interest that legislators have created in the regulation of environmental crime through criminal legislation can only be described and analyzed,and on that basis the general protective legal interest in environmental crime can be generalized.
万方数据
维普
