Research On Criminal Sanction Of Crime Of Environmental Pollution

The development of ecological environment plays a vital role in the sustainable development of human beings.However,with the development of the society,the ecological environment problem is more and more serious.There are many factors that contribute to poor environmental protection.The failure to provide effective system supply in the criminal law is one of the important reasons.As a matter of fact,as early as 1997,the criminal law of our country criminalized the behavior of environmental pollution.After more than 20 years of development,the crime of environmental pollution has changed.The crime of serious pollution accident has been changed to the crime of environmental pollution,and the threshold of conviction has been lowered.However,relaxing the conditions for the crime of environmental pollution has not solved the problem of ecological environment.The reason is that the establishment of criminal sanction system for environmental crimes has not kept pace with the increasing importance of environmental law.The criminal sanctions system for environmental pollution crimes is a system composed of ways to realize the criminal responsibility of environmental pollution crimes.In the more than 20 years since the establishment of environmental pollution crimes in my country in 1997,the corresponding penalty allocation has not changed,and it is still two sentences under three years and three years and seven years.It is necessary to adjust the configuration of the criminal sanction system for the crime of environmental pollution under the background of the improvement of the independent status of ecological law and interests and the urgency of ecological environmental problems.The ultimate task of this article is to analyze the theoretical factors behind the problem and the trend of the development of the criminal sanction system based on the flaws of the criminal sanction system for environmental pollution crimes in my country,and finally propose to improve the criminal sanction system for environmental pollution crimes in my country.The full text has six chapters besides the first chapter which is the introduction.Chapter two is an overview of the crimes of environmental pollution and the criminal sanctions of environmental pollution in China,which lays a conceptual foundation for the study of the criminal sanctions of environmental pollution.This chapter has combed the criminal sanction system of environmental pollution crimes from ancient times to modern times and now.In the process of sorting out,it can be seen that my country has a long history of sanctions on environmental pollution behaviors,and as people’s awareness of the importance of the environment deepens,the intensity and scope of penalties for environmental pollution behaviors are increasing.The last section of this chapter describes the current situation of sanctions for environmental pollution crimes in my country from two levels of norms and judicial practice,and concludes that the criminal sanctions system for environmental pollution crimes in my country has the backward concept of criminal penal legislation,the clarity of penal legislation and the insufficient individualization of penalties.There are four deficiencies in the irrational allocation of penalties and weak non-penal punishment measures.The third chapter starts from the theoretical basis of the criminal sanction of the crime of environmental pollution and the experience of foreign countries in the criminal sanction of the crime of environmental pollution.Starting from the development trend of the theory of the justification of punishment,it is concluded that the traditional criminal sanction system,which mainly focuses on prevention and retribution,cannot meet the needs of the injured legal benefit relief in reality.This is also the fundamental reason why the current theory of the legitimacy of criminal punishment focuses on strengthening the system of criminal sanctions to restore the damaged legal interests.The criminal sanction system of environmental pollution crime is set according to a certain concept or legitimacy.The legitimacy of punishment no longer only focuses on the prevention and deterrence function of punishment,but begins to focus on the restoration of the damaged interests or legal benefits of the victim.Therefore,the concept of punishment should be updated to focus on the restoration of the damaged legal benefits.At the same time,the theory of restoration of legal benefits and the theory of restorative justice derived from the development of the theory of justification of punishment also support that the criminal sanction system of environmental pollution crime should pay attention to the restoration of the damaged legal benefits.In practice,the design and operation of foreign criminal sanctions system for environmental pollution crimes is the actual proof of the development trend of the theory of criminal justice,and it also provides a reference for the improvement of my country’s environmental pollution criminal sanctions system.The fourth chapter is based on the existing problems of the criminal sanctions system for environmental pollution crimes in my country,combined with the development of the theory of punishment justification,and learns from the relevant foreign experience,to get the status of the criminal sanctions system for environmental pollution crimes in my country.First,it is clear that the legal benefits of the ecological environment protected by the criminal sanctions system of environmental pollution crimes are the legal benefits related to the survival and development of human beings with ecological significance,and they are independent and important.The criminal sanction system of environmental pollution crime should comply with the needs of social development and optimize the criminal sanction system of environmental pollution crime.To be specific,it is necessary to optimize the allocation of penalties and establish and perfect the non-penalty punishment system in line with the characteristics of environmental pollution crimes.In addition,the relationship between criminal sanction,civil sanction and administrative sanction should be handled well.The fifth chapter is about how to optimize the important content of criminal sanctions for environmental pollution crime and put forward suggestions.The allocation of punishment for the crime of polluting the environment should follow the criminal policy of "lightly heavy" and the principle of individualization of punishment,and respect the criminal characteristics of the crime of polluting the environment.Specifically,it mainly optimizes the disposition of penalty of freedom and penalty of fine.In terms of imprisonment,in view of the increasing importance of the legal interests protected by the crime of environmental pollution,the term of free punishment should be appropriately extended and the gradient of free punishment should be refined.In terms of fine punishment,in view of the problems existing in the application of fine punishment for the crime of environmental pollution,the limit of fine punishment should be determined,the subject of unit crime and the subject of individual crime should be distinguished,and the application methods of fine punishment should be enriched.At the same time,this chapter also tentatively discusses the application space of the qualification punishment in the punishment of the crime of environmental pollution,and proposes that the qualification punishment should be introduced into the criminal sanction system of the crime of environmental pollution.The sixth chapter focuses on the construction of non-penalty measures for the crime of polluting the environment.As a relative concept of penalty,non-penalty measures complement the penalty function.The main function of penalty is to prevent and deter crimes,and it is difficult to meet the requirement of restoring the damaged legal interest.To bring into play the function of restoring legal interest by criminal sanction,we can only resort to non-criminal penalty measures.As a non-criminal punishment measure for the crime of environmental pollution,the restoration of ecological environment not only conforms to the criminal characteristics of the crime of environmental pollution,but also conforms to the development trend of the criminal sanction system.In order to solve the problem that the criminal sanction system for the crime of environmental pollution can restore the damaged ecological legal interests,it is particularly necessary to introduce the criminal sanction system for the crime of environmental pollution as a non-criminal punishment measure.The Last Chapter is mainly about the relationship between criminal sanction of environmental pollution crime,civil sanction and administrative sanction.In most cases,the crime of environmental pollution will bring personal or property damage while causing damage to the ecological environment.This triggered by criminal behavior at the same time the relationship between criminal law and civil legal relationship of cross phenomenon easy to cause the criminal and civil sanctions sanctions as a result,especially in the environmental pollution crime,as a punishment punishment measures of restoration ecology environment with incidental civil action or ecological damages on the content of environmental public interest litigation is cross.Therefore,it is necessary to clarify the boundary between civil sanction and criminal sanction and make clear the linking mechanism between them.Moreover,because of the administrative subordination of environmental pollution crimes,the criminal illegality of environmental pollution ACTS has a high similarity with the administrative illegality,so that the consequences of criminal sanctions and administrative sanctions are overlapped.However,there are essential differences between them in terms of legal interests of infringement,so it is necessary to define the boundary between them,improve the linkage mechanism between environmental administrative law enforcement and environmental criminal justice,and give full play to their respective functions and roles in environmental pollution control.