环境犯罪法益观的检视与提倡

Reviewing and Advocating the Legal Interest View of Environmental Crime

  • 摘要: 《刑法修正案(十一)》对破坏环境资源保护罪一节作出较大调整,传统的环境犯罪法益观受到冲击。人类中心主义、生态中心主义和生态学人类中心主义所具有的片面化、模糊性缺陷,无法满足我国当前生态文明建设需求。基于保护环境法益的必要性、可持续发展理论和代际公平理论的科学性以及以环境权为核心法益的正当性,提倡建构以环境权为内层法益,以环境管理秩序为外层法益的阶层性、复合式法益结构,打破传统人类法益与现代环境法益的思想壁垒,以实现刑法人权保障和秩序维护的双重机能。

     

    Abstract: 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.

     

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