双层法益视角下污染环境罪的法益定位与司法适用OACHSSCD

With the continuous deepening of the concept of ecological civilization,the status of environmental criminal law in China's legal system is increasingly elevated.However,the Crime of Polluting the Environment,as the core charge in the envi-ronmental crime system,has long been placed under Section 6"Crime of Destroying Environmental Resources Protection"in Chapter 6"Crimes of Disrupting Social Management Order"of the Criminal Law of the People's Republic of China.Traditional anthropocentrism and ecocentrism struggle to fully address the dual demands of environmental risk prevention and human rights protection.To overcome these theoretical limitations,a dual legal interests perspective of"ecology-humanity"should be adopted.Under this framework,the intrinsic value of ecosystems should be established as a formal legal interest,while human health,life,and other core interests should be defined as substantive legal interests,thereby creating a normative framework balancing ecologi-cal protection and human welfare.Based on this,a reexamination of the judicial application of Environmental Pollution Crimes is proposed,actively responding to the new demands for environmental rule of law in the context of ecological civilization,and provi-ding a feasible approach for the normative reconstruction of environmental criminal law in China.