The Comparison Of Environmental Crime Between China And Japan

The textual subject is many problems to discovers to exists in the our country environment pertaining to crime lawmaking, and puts forward to slice the solid viable solution take into perfect by legislation contrast between China and Japan.In the 20th century, in order to meet the needs of economic development, the humanity plundered the natural resource wantonly and damaged the natural environment, caused the resources to lose excessively and the ecological environment encountered the serious pollution, already serious influence to human future survival and development. The face of deteriorating global environment and the growing environmental crisis, people started to pay attention to human environmental governance measures and respond to the most severe environmental crisis last resort-environmental criminal law. Legislators of various countries are actively establishing and developing to coordinating economic development and environmental protection legal system.Our country present environment criminal activity legal framework from the provision of the a code criminal acts concerning environmental protection item contents, have to pass to the 2002《penal code revision bill(four)》, already had the very big progress. However, our country's environment criminal activity legislation cannot to adapt the environmental crime particular request and solve nowadays the increasingly worsen along with the country environment condition, the question which the environmental crime case increases unceasingly. Needs to carry on strengthens with consummates.Japan started criminal activity legislation of the environment question in the 1960s-1970s. After World WarⅡ, in order to restore the national harm by the war, Japan become to develop economy, follows along with the economical fast development, vigorously the environment worsening and the environmental damage event's frequent occurrence. Thus the environment criminal activity legislation arouses the interest early in Japan, and it has carried on the innovation to the environment criminal law basic theory. It is important to our country environment criminal law theory and consummation and improvement of the legislation.This text has carried on a more exhaustive elaboration and the comparison from environmental crime's concept, environmental crime's criminal legislation pattern, environmental crime's penalty, and environmental crime's crime constitution (establishment condition) four aspects between China and Japan. On the foundation of comparative analysis, it proposed to carry on the consummation and the feasible suggestion to our country environment criminal activity legal framework.On the problem of environmental crime's concept, it proposed that the environmental crime should have three characteristics:First, illegal; Second, social harm; Third, should punish the sex, and thought that the concept of the environmental crime should be constructed and manifests the goal to protecting environment law profit of the environment criminal activity legislation.On the problem of environmental crime legislation pattern, it proposed that our country should adopt the environmental crime legislation pattern which the criminal code and the attached criminal law pay equal attention.On the problem of environmental crime penalty, it proposed that it is necessary to construct our country environment criminal law punishment system. The new environment criminal law punishment system total request is the penalty measure develops simultaneously with the non-penalty measure and emphasis on the use of the non-penalty measure. The specific request is first, heavy fine punishment, light free punishment; second, the environment crime should increase to establish the qualifications penalty; Third, non-penalty measure rise to the criminal law category implementation.On the problem of environmental crime's constitution important document (establishment condition), it proposed that the modern environment criminal law's protection object should focus on the protection of environment benefit, including environment ecological security, natural person environment rights and interests, unit environment rights and interests, national environment resources property rights and national environment authority; It is necessary to make the improvement and the revision by turning over to the responsibility principle to the traditional environmental crime. The estimation responsibility principle is better than the strict responsibility for punishing the environmental crime; in the pollution of the environment crime, it should be suitable the new causal relation theory, and punishes the dangerous commit.