On The Perfection Of The Criminal Legislation Of Environmental Crime In Our Country

In the process of modernization, environmental pollution and damage problems which development of material civilization brings have become more apparent. It not only hinders sustained economy and society development, but also endangers the lives and health of people's. The stern environmental situation has aroused concern of international community, various countries in the world have one after another formulated laws and regulations of environmental protection, thus creating their own environmental government patterns. "Criminal law"(1997) expanded the extent of protection of criminal legislation and aggravated the penalty, which played a positive role in the environmental protection. But there are also some inadequacies, for example, the constitution of environmental crime were not very clearly, was unable to judge accurately, already had lags. Under this situation, this article discusses regulations of environmental crime of the criminal legislation, then points out the limitations and makes some suggestions. I hope that it can enrich and develop researches of the criminal legislation of environmental crime in our country.This paper uses three methods to study as below: The materialist philosophy method, which is based on theory that the objective reality decides awareness to study this issue; Comparison and analysis method, which compares to a some issues through different times, different countries and different types of criminal legislation of environmental crime to comprehensive analyze this problem; Method of theory contacts practice, it is basic method which Marxism-Leninism has consistently advocated. We only must be combined with the national conditions in our country that is the largest practice problems, until comprehensive and detailed study issue of criminal legislation of environmental crime in our country.Firstly, this paper simply introduces environmental crime from concept and characteristics of environmental crime. Next, it introduces criminal legislation surveys of environmental crime of Germany, Japan, United Kingdom, the United States, and then compares to foreign criminal legislation of environmental crime. Once more, it discusses insufficiency of criminal legislation of environmental crime in our country as below: Legislation style is fuzzy, can't be executed; the extent of protection is excessively narrow; the constitution of environment criminal is not defined inaccurate and so on. Finally, it perfects criminal legislation of environmental crime in our country from four aspects: Enrich legislative style of environmental crime; Expand the scope of legislation protection of environmental crime; Perfect the constitution of environmental crime; Adjust the criminal responsibility of environmental crime.The environmental protection goes deeper and deeper into the public, it is not a long way that the whole process of environmental protection thought and sustainable development idea melt into establishment and implement of criminal law. Looking forward to an environmental criminal law on soon, it is combined with nature of environmental crime and request of environmental protection. And we are also glad to see that it goes with scientific and systematic nature, respects of the ecosystem regulation in our country.