The Research On Economic Analysis Of Enterprises' Environmental Crime

Enterprise as the principal economic part plays a more and more important role during the transition to market economy. As the homo economicus, enterprise runs with pursuit of maximum private interests. At the same time, the results of environment pollution and resource damage become badly serious than before with their environmental crimes. Therefore, Criminal Law of the People's Republic of China which revised at the Fifth Session of the Eighth National People's Congress on March 14,1997, with a specialized chapter to regulate various resource and environmental crimes. However, the serious environmental pollution incidents appeared frequently in recent years, personal health and property are damaged seriously by their criminal activities, but the criminal behaviors can't prevent and control effectively by our criminal law. Most of environmental crime cases are accused rarely; even the sentenced cases are enforced much less. The storms of environmental protection and environmental impact assessment just effect as temporary measure instead of permanent cure.Because of the paradoxical relationship between economic development and environmental protection, the environment and its natural non-exclusive & common characteristics, the'market failure' occurred on environment protection. Simultaneously, constrained by the centre for economic development in the long term and the model of environment protection with the governmental administrative power, the'government failure' had happened. Therefore, protecting environment by law especially criminal law becomes the focus of society attention. But after review the current research results of environment crime, we know that the current research lack of specific research for enterprise environment crimes, and research methods are confined to traditional rules analysis and logic analysis. In recent years, economic analysis method with mathematical tools and important economic conception infused fresh blood for law research. Enterprise as homo economicus and the economic correlation of its activities, it offered basic precondition for economic analysis. Through economic analysis of enterprise environmental crime, we can analyze their reasonable choice of crime, the common nature of environment, the costs and benefits relationship of enterprise environment crime, the efficiency of criminal penalty, and finally conclude the causes of enterprise environment crime. Thus, it is reasonable and feasible to build the prevent mechanism of enterprise environmental crime through strengthen the enforcement of environment law, integrate the legislation of environment law and improve the justice of environment law.