The Perfection Of Implementation Of Environmental Criminal Liability In China

Environmental protection is a basic policy of our country. In order to implement this policy, but also to create an ecological civilization, and to achieve the vision of building a socialist harmonious society, China has adopted a variety of means to create and protect the good ecological environment. Means of criminal law is the most stringent measures in all kinds, but it is riddled with problems.The implementation of environmental criminal liability is aimed to ensure environmental criminal liability can be put into practice, and changed from "ought-to-be" into "is". At present, in our legislation several specific forms, such as principal penalty, additional penalty, and non-punitive measures, are included in the implementation of environmental criminal liability. However, with the developing and changing of judicial practice, these statutory methods can not meet the needs of combating environmental crime. Though the problems of implementation are merely tiny parts of the issues of the current environmental criminal legislation system, it is of great significance to implement environmental criminal liability, combat environmental crime and protect the environment that establishing a good implementation system.Through the analysis of current legislation, we found the problems contain the following aspects. The short-term free punishment is used too widely and some are lopsided. The issues of property punishment are implementation and performing difficulties. The provisions of qualification punishment and non-criminal penalty measures are not clear even missing.In order to improve legislation and enhance the applicability of environmental criminal means, and on the basis of solving the above problems, the work of perfection can be conducted by the following aspects. The short-term freedom penalty can be replaced by other methods. We can change the implementation of fine penalty, and establish limited fine system and fine exchanging system. The forms of qualification punishment should be designed special for environmental crime, and be divided into different zones according to difference between natural person and enterprise. We can reset the conditions of non-penal measures, and classified establish its specific form. In addition, in the process of setting the qualification punishment and non-punitive measures, we should pay special attention to properly deal with the conflicts with environment-related administrative power, then determines the specific form of qualification punishment and non-penal measures, and separately identify specific applicable forms of natural and enterprise.