生态环境之刑法保护——以环境利益为视角的审视

Criminal Protection of Ecological Environment——From the View of Environmental Benefit

传统人类中心主义法益观有被动滞后的弊端,而晚近生态中心主义法益观亦存在诸多无法回避的问题。在刑事领域应将环境利益扩充为保护法益,以求修正传统人类中心主义法益观的固有缺陷,并由此拓宽环境资源刑事法律保护的新视野。

In the traditional opinion, we consider everything from the point of humanism, however, there is disadvantage of lagging about the traditional profit that the law want to protect. In the other hand, the recent theory focusing on ecology also has some questions. This essay puts forward that environmental benefit should be extended to the profit that the law want to protect, in order to correct the inherent disadvantage of the traditional view of considering everything from the point of humanism. Based on it, we can extend the new view of the criminal protection of environmental resource.