Research On Penalties For Environmental Crime In China

Along with the global community productive forces's enhancement, the humanity while created the unprecedented material wealth, the traditional industry civilization has also caused the human and the natural opposition, threaten seriously humanity own survival and development. Therefore, the environmental protection question is imminent . In environmental protection, because the penal sanction has the formidable deterrent force, in the environmental crime stipulated that the penal sanction method, not only may achieve the special prevention to the environmental crime the goal also to be possible to achieve the general prevention the goal, and has the protection law and the agent function using the penalty punishment method protection environment. Therefore, this article selects our country environmental crime the penalty question to take the object of study, its goal is the effective punishment environmental crime behavior, simultaneously more powerful carries on the protection to the environment. The article to environmental crime's concept, the characteristic and the legislative course carries on the elaboration, describes the environmental crime of the necessity and legitimacy of criminal punishment in accordance,Have carried on the ponder to our country environmental crime penalty's status and the function ,Embarks from our country's environmental crime penalty's present situation and the existence flaw ,Introducing the criminal environment criminal legislation ,Finally proposed that restructures our country environmental crime the penalty system's suggestion , Makes every effort to further consummate our country environmental crime penalty's related system.Except foreword and conclusions, the thesis consists of the following four parts:The first part: Environmental criminal punishment overview. This section discusses the following questions: first the concept of environmental crime defined, about at home and abroad are summarized the concept of environmental crime different views, and these views, trying to get a foia scientifically the concept of environmental crime. In this section is also presented, the characteristics and environmental crime the uniqueness of different from traditional crimes. Also expounds the legislative process of environmental crime, crime in our environment of our legislative development has a basic level of understanding. Second from law enforcement and criminal law of punishment position and the three aspects to our need to analyze the necessity of environmental crime. Then discusses our country environment criminal punishment according to the legitimacy. Once again for our country's environmental criminal punishment and traditional criminal punishment from the epistemology, value orientation and compares the purpose of penalty aspects in environment, and finally introduces the status and effect of criminal punishment. So as to correctly understand the criminal policy of China's environmental crime lay the foundation. The first part is relevant environmental crime and environmental criminal punishment, established the basic theory of our country environment criminal punishment to research foundation.The second part: China's environmental criminal punishment applicable situation. This section is analyzed from four aspects in the current environment, one is applicable principle of criminal punishment. it is my current environment criminal punishment applicable characteristics. Three is based on China's criminal law, in systematic carding, it is concluded that China's environmental crime under the applicable situation, not only have charges, convicted requirements, also have sentencing requirements. According to our country's four is of environmental criminal punishment from the legislative and judicial effect in our country environment are pointed out the defects of criminal policy aspects of crime, and briefly introduced in this part of Japan, the United States, Germany, make our country related legislation may be using for reference. Can say, this part of the based on China's national conditions, realistic, to correctly understand China's environmental criminal punishment problem is important at the same time, use environment criminal punishment of these principles and characteristics, and can better guidance for environmental crimes in our judicial practice of criminal penalty.The third part: Environmental criminal punishment legislation and the comparison. This part of the use of comparative analysis and induction in China for foreign, Taiwan, Hong Kong, macau and China mainland area environment criminal punishment legislation to conclude and analyze, the comparative study. Finally from the aspects of legislation idea are compared and analyzed in environmental criminal punishment and the similarities and differences in legislation. Take the essence, for reference.The four part: China's environmental criminal punishment system reconstruction and perfect, this part of the our country environment criminal punishment clearly the defects, especially with the development of economy and society, and the current our country environment criminal punishment for principles of more narrow, cannot have very good solve practical problems in environment crime, further expand the application principle of environment, in order to better in conducting criminal sanctions criminal behavior. And then offered consummates our country environment criminal punishment suggestion, the perfect, from punishments for dangerous crimes punishment punishment, pay attention to the application of fine punishment, the punishment measures in terms of the reconstruction is a relatively complete environmental criminal punishment system.