论污染环境罪的保护法益

Study on the Legal Interest of Environmental Pollution Crime

对于污染环境罪的法益,传统上有人类中心主义法益观、生态学·人类中心主义法益观和行政法益观。这三种观点的核心在于环境犯罪的法益都与"人的利益"相关。但是,这三种法益观均存在难以克服的问题点。污染环境罪就是违反了生态伦理规范,而侵害了生态学上的环境及其他环境利益。

For the legal interest of environmental pollution crime, there are three arguments such as anthropocentric interest, ecology-anthropocentric interest and administrative interest in the tradi-tional view. The point of those view is that the legal interest of environmental pollution crime is asso-ciated with “the interests of human race”. However,it is hard to overcome the problem of those three view. We should adhere to the ecology interest. Environmental pollution crime is the crime that vio-late of the norm which is determined by ecological ethics, and against the interests of the environ-ment itself and other environmental ecology sense.