以双法益为视角论环境犯罪的构造更新

On the Structural Renewal of Environmental Crimes from the Perspective of Dual Legal Interests

  • 摘要: 生态环境人类法益观作为环境犯罪三种学说中的“折中说”,并非于人类中心法益说与生态中心法益说的对立中取中庸平衡之道,而是具备独特的内涵,可以就其“阻挡层”与“背后层”双保护法益的特征指导现行环境犯罪在立法上与司法上的解释难题:如环境犯罪在行政从属性上存在解释论不明、难以被类型化、并且容易流于生态环境法律协同观、集体法益的抽象化困境等问题。折中说虽只作为一种学说,却可承继于环境犯罪中行为犯与结果犯并存态势的讨论,并且以此学说体现的“阻挡层”与“背后层”双法益理念为主,也可在对环境犯罪相关个罪的构成要件判断以及行政不法与刑事不法衔接中的“违反国家规定”与“情节严重/严重污染环境”给予一定合理性层面的讨论,并对环境犯罪的构造更新与行政从属性展开更深层次的理解。

     

    Abstract: The concept of human legal interests in the ecological environment, as a compromise among the three theories of environmental crimes, is not a way to balance the opposition between the human centered legal interests theory and the ecological centered legal interests theory. It has a unique connotation and can guide the interpretation difficulties of current environmental crimes in legislation and justice based on its dual protection of legal interests in the "blocking layer" and "back layer". For example, environmental crimes have unclear interpretive theories in administrative attributes, are difficult to categorize, and are prone to become a collaborative view of ecological environment law, and the abstract dilemma of collective legal interests. Although the compromise theory is only used as a theory, it can be inherited from the discussion of the coexistence of behavioral and consequential offenses in environmental crimes. The dual legal interests concept of "obstruction layer" and "backstage layer" reflected in this theory can be used as the main focus. It can also provide a reasonable level of discussion on the constituent elements of environmental crimes and the connection between administrative illegality and criminal illegality, such as "violating national regulations" and "serious serious environmental pollution". It can also provide a deeper understanding of the structural updating and administrative subordination of environmental crimes.

     

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