Legislation On Environmental Criminal Law In China

With the deepening of the reform and the development of the economy in China, the environmental pollution accidents are occurring thick and fast, the environmental problems are quite prominent, and the number of environmental crimes are increasing. The environmental crimes threaten not only to the ecological environment and the natural resource of our country, but to the livelihood security of the whole society.With the beginning of the enactment of "crime of undermining environmental and resources protection" in the newly revised Criminal Law in 1997, the legislation of environmental criminal law in China has been improved, become more independent, and attached more importance in the environmental protection during these years. But as the development of the industry and the change of social structure, the law still has some defects. This paper aimed to research the legislation of environmental criminal law, which divided in three parts—the first part is concerned about the current situation and problems of the Chinese legislation of environmental criminal law, the analysis of its development and main characteristics, and to indicate its shortcomings; the second part, the author centered in the research and analysis of the legislation of environmental criminal law in foreign countries—the generality and individuality in Continental Legal system, Japan Law, Germany Law and the Common Law System—to indicate the revelations of the Chinese legislation of environmental criminal law by the legislative thought, the legislative pattern, and the punishment structure of this two law systems; the third part aimed to re-identify the principals of the legistation of maritime criminal law, lead the doctrine of nofault liability to Chinese environmental law, enlarge the scope of the protection of environment by criminal law, add potential damage offence, and perfect the environmental crime penalty system of China through the shift of the legistative pattern and the leading thought of environmental crime.The three parts of introduction in this paper provided more choices for the deeper researches of the legislation of environmental criminal law in China.