Abstract:
Environmental pollution risk is increasingly serious in risk society, so the environmental code needs to be appropriately codified and integrated on the basis of the existing environmental laws and regulations, and at the same time, the guarantee and cooperation of the criminal code isneeds . The difficulty in the coordination and application of the environmental code and the criminal code is due to the differences in legislative ideas and protection interests between the two codes, which have evolved into discord in the convergence of norms. The current criminal code is guided by the value of the positive criminal law concept, which is in essence consistent with the actual needs of the expansion of the applicable scope of the environmental code, and under the convergent expansion concept, positive legislation is employed to jointly cope with the threat of pollution and carry out pre-prevention. At the level of protection interests, the environmental code focuses on the ecological legal interests, while the criminal code is based on the ecological human-centered theory of legal interests. The two have reached a consensus on the ecological legal interests and strengthened the connection at the level of legal interpretation based on the ecological legal interests. With the systematic development of the environmental code, the environmental crime, as a legal crime, should strengthen the characteristics of administrative subordination, transfer the elements of crime composition and sentencing to the environmental code, use the model of administrative criminal law to enhance the science and human nature of legislation, and make use of the systematic environmental code to provide a substantial path of crime.