Research On Environmental Crime Legislation In Context Of Risk Society

"The angle of view principle is an epistemology way that occupies the dominant status in contemporary reason life. The angle of view principle thought that all knowledge essentially have the angle of view, i.e., the knowledge request and the knowledge appraisal always occurs in one kind of frame, this kind of frame provides the concept method, in these concept method, and through these concept method, the world obtained the description and the explanation. According to the angle of view principle's viewpoint, any visual observation will not take the solid, but will approach by theirs tendentiousness really, and will include their hypothesis and the prejudice."This article take the risk society theory as an angle of view, regards as the environment question in the modernized process the risk question. Under the risk society's linguistic environment, the criminal law most basic value demand is"the guard risk, the safeguard security". In this sense, the environmental crime legislation and the risk society's criminal law (risk criminal law or said that security criminal law) has in value basis isomorphic, namely"guard risk, safeguard security". In has established the environmental crime"safely"in the value basis, this article proposed our country environmental crime's protection method profit must to manifest"safely"the value connotation"the environment ecological security". In order to realize the environment ecological security, displays the criminal law guard risk fully the function, the criminal law involvement spot must be ahead of time, violates the environmental crime behavior as the environmental crime turns over to the responsibility pattern. Take this as the foundation, this article inspected our country present environmental crime legislation's insufficiency, to environmental crime's legislative pattern, its crime scope's delimit and penalty's structure and so on proposed the corresponding reform and the consummation way. This article basic contains the following contents:In the first part, the author gives a question, namely environment question. This is a bare question, is a description of the environment question under present situation merely from the environmental science angle, and does not have any judgment about value. The environment question's determination is this article conducts the deep research the foundation. Before describing the environment question, author also, from environmental science's angle, tries to give concepts on environment, natural resource, and ecological environment. This is a meaningful work, because there is an intrinsic relation between the ecology, the environment law, the environmental crime, in these three disciplines or we should say that is in two disciplines, the environment concept is consistent. The environment question which now in this part, I also in detail describe the world humanity to have faced the environment question which and our country face now, did the goal also took care of the later word the risk society theory partial contents, the risk society is precisely takes the reconsiderations by the environment question the object, based on this and could construct.In a word,the environment problem is serious and universal.The second part draws out the question, namely the root of the environment question. The goal is to introduce Baker's risk society theory. The risk society theory is mainly in reconsiders the Western society and so on the modernized risk foundation to construct including the environment risk. In this part introduced in detail the Baker risk society theory as well as (modernization) the risk characteristic, through to the Baker risk society theory's introduction, the author wants in this rationale to elaborate such content, namely the risk existence will bring social in two dimensions the profound change: Risk assignment logic and social structure. These two dimension's change has caused the criminal law theory change directly. In a word, the environment question is the risk question. If this conclusion is tenable, then the risk society's theory's principle may utilize in the environmental crime value construction. Rests the entire achievement criminal law the value demand is tenable, the criminal law value pursue is safe, this kind of transformation of the theory of value's must have a response in the environmental crime legislation.The third part of the conclusions in the risk society through the introduction, in the 20th century 90's in Germany, the formation of the risk of criminal law is still in the ascendant theory of a brief introduction, the purpose of criminal law in the risk society is concerned about the value changes. Due to the risk of the formation of social theory has its historical basis of Western modern society, from this point of view, the risk does not seem compatible with the theory of China, due to the risk of global characteristics, leading to China's environmental crime legislation should be to respond to the risk of criminal law theory. The basic theory on the whole, the total is still too early to break the traditional theory. The environment already is a risk, then the environmental criminal law, in theory, be able to intervene in risk control can only be beneficial to establish environmental crimes law. I tried to establish protected by China's Environmental Crime Act of benefits, I believe that the benefits of environmental crime law is a criminal involved in the connection point of environmental risks. Environmental Crime Act beneficial to determine the value of the security must reflect the needs, this conclusion can be self-evident from the second part, dealing with errors directly derived. Environmental and ecological security has two meanings: Firstly, understand the perspective is anthropocentric perspective, the concept of environment itself contains forward to "Man and Nature" the relationship between the dominant position of the human; the second is "safe" nature"ecological "sense, reflects a" man and nature "of a dynamic relationship. In establishing an environmental crime, protection of legal interests, the authors examined the attribution of our existing forms of environmental crime, I believe that the results of the traditional theory can not be guilty of criminal law to achieve environmental benefits protection; environmental crime should be defined as behavior attributable to the form of guilty. The criminal involvement of environmental control "point" is in advance sufficiently.In a word, the laws benefit environmental crime is the environmental and ecological safety, environmental crime, in order to achieve environmental and ecological security must advance defense, which committed acts of environmental crime established.The fourth part, the aforementioned three parts of the content is the theoretical basis for this part of the building, and through the first few parts of the analysis, the author of China's current environmental crime legislation has been systematically studied, combined with previous research findings and put forward Perfecting the views of existing environmental crime legislation: Firstly, the improvement of the legislative model. Advocate the establishment of environmental crimes a special chapter; the second is the perfect crime. I have advocated an increase in environmental crimes charges, expansion of environmental crime, the criminal ring; combined with the third part of the analysis, advocated representation on the counts to change the traditional presentation of the results of committed counts, using the counts committed acts of expression. The third is about the idea of perfect torture.The article concluded that: environmental crime in the criminal law should reflect the risk society; the value of the security demands of China's current environmental crime legislation should establish the ecological safety of the environment on the basis of law benefits to debug and improved. Environmental Crime is the ultimate expression of the value of human security needs, rather than the ecological value of eco-centrism aspirations.