A New Understanding of the Nature of Crime: The Thinking Caused by Ecological Interest
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    Abstract:

    Defining crime as offences against legal interests instead of offences against rights and social relationships through replacing rights and social relationships with legal interest is not just a simple change and replacement of words, but a fundamental progress involving the understanding of the nature of crime. The putting forward of the concept of “legal interest” introduces the judgment of value into the conviction phase, making the scope of crime not just limited to the offences against the citizens’ personal right but expanded to the domain of society and public, which provides large space to include ecology as a legal interest into the a protection object of criminal law and make the activity severely injuring or threatening the ecology a crime when environment problem becomes a severe social problem ,threatening the fundamental interests of human being, and other laws can not provide enough regulation and protection. The criminal law will inevitably respond to the introduction of the ecological interest, the newly introduced legal interest with the increase of the importance attached to it and the increase of the severity of the likely injury or threat of injury.

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高飞.从生态法益视觉重新认识犯罪本质[J].重庆大学学报社会科学版,2011,17(6):112~117

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  • Received:September 29,2011
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