On The Environmental Crime

Understanding of environmental question of our country, from awakening after the first UNCHE at the seventies of the 20th century and environmental protection established as a fundamental state policy at the eighties to the environmental protection legal system begin to take shape at the 1990s, go through although twists, long comparatively deep, advanced course. Meanwhile, the legal protection about environment is especially the criminal legal protection question of the environment, by very definite at the seventies, the preliminary exploration at the eighties, the strong appeal and legislate reflection at the 1990s, settlement of a certain degree. But we should see, still have a lot of problems fail to be solved or solved irrational and not fundamental. In view of this, this thesis will be proceed from the angle of perfecting the theory of environmental crime of our country, guiding the criminal administration of justice, perfecting criminal law to legislate, carry on research to the environmental crime of our country. This thesis is made up of several following parts: Foreword: This part through introduce environmental severe state, and point out the deficiency of our country criminal law about environment, draw this text. Part one: Environmental question and environmental crime. This part has described the range of the environmental question that this text points , concept,characteristic of environmental crime especially, have offered preliminary theory foreshadowing for proposition. Part two: Legislative overview of the environmental crime. Introduce a series of regulations to the environmental crime of western developed country,and has described the legislative gradual progress in the environmental crime regulation of criminal law of our country. Part three: Constitutive elements of the environmental crime. This part describes the environmental crime object, objective respect, subject, subjective respect one by one. Part four: Criminal responsibility of the environmental crime. This part besides introducing penalty measures of environmental crime, such as the freedom punishment,fine , recommend a series non-penalty measure. Part five: The legislation of the domestic and international environmental crime is compared. This part does a contrast of regulation of such countries, as Japan, Germany, U.S.A to the environmental crime of our country,through the contrast of the two , have pointed out the perfection direction of the environmental crime of our country. Part six: Perfection of the environmental crime of our country. This part put forward some views of our country environmental crime legislative choice, environmental crime increase of kind of mode, whether adopt non-penalty measure; expect to be helpful to the perfection of our country's environmental crime. Conclusion: This part summarizes the full text, point out because some existing is insufficient in the regulation of current criminal law of our country, and make it unable solving serious environmental crime. Prevent the further deterioration of the environment of our country, perfect very urgently the environmental crime in criminal law.