New concept of environmental criminal law
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||Environmental Criminal Law Philosophy Anthropocentrism Prevention Eco-centrism|
In the long history of human development has always been permeated with such an idea, thought-the human-centrism, in dealing with the relationship between man and nature is also no different. Traditional anthropocentrism of human knowledge and objective is something of a kind of idea, outlook, values and ethics. This view is the core, with all the benefits and value for human beings to center, basic criterion to evaluation and arrangement of the whole world. Admittedly, this concept had played a significant role in history. But it was also in this view, Emergence of environmental problems have become increasingly prominent and Affected survival and development of people and the next generation. Even some argue that the traditional anthrocentric doctrine is contemporary ecology crisis in in the contemporary ideological roots. In this case, people gradually realize that in dealing with the relationship between man and nature, We need not only the involvement of ethics, but also in need of legal intervention, especially in criminal law.However, from the current law, most are adhering to the traditional anthrocentric doctrine of value concept; Protection is a human life, property, security and little to protect the environmental and ecological value (benefits). On environmental criminal law, for example, the object of the current environment criminal law is to protect the safety of human life and property interests, but ecological benefits were excluded. This often results in "environmental criminal law does not protect the environment", and the unworthy of the name of the embarrassing situation weaks the deterrent power of criminal law. Therefore, in this case, if you want to change the "environmental criminal law does not protect the environment" predicament, we have to establish a new, realistic idea----the modern concept of anthropocentrism. Setting up the modern concept of anthropocentrism ideas to protect the ecological environment and guide environment criminal activity legislation has important theoretical and practical significance. This will be discussed in four aspects to the concept of modern anthropocentrism. The first part is related to environmental criminal law of value concept introduction; The second part of traditional environmental criminal law, is the critical value of ethical concept; The third part is the new idea of constructing environmental criminal law; The fourth part is a new concept of environmental criminal law in the perfect environment criminal activity legislation.