Legal Problems Of Environmental Penalties

Environmental protection and economic development are the major international issues of common concern, it relates to the future and destiny of all mankind. Since the seventies of last century, the increasingly serious environmental problems facing our country means to use the criminal law punished a number of acts of serious harm to the environment, to curb environmental degradation, and promote the development of China's environmental protection played a role can not be underestimated. However, although the local environmental situation in China has been controlled, overall still deteriorating, the outlook is worrying. Indeed, China has had some criminal provisions punishing environmental crime and judicial practice, but to reverse the continuing deterioration of the situation in this environment, rapid increase in environmental quality, strengthen the use of legal means, especially the most severe legal means-criminal sanctions to very necessary. Overall, China has environmental criminal law, both in coverage, or in other aspects of punishment is difficult to meet the practical needs of environmental protection, therefore, to further explore the basic theory of environmental penalty, the penalty to the environment, and defects in the legislation Penalty Legislation for the environment, it has great theoretical and practical significance.This article describes the research status environmental penalty, the environment of the purpose and significance of the penalty. This full and effective control of environmental crime, to achieve the overall interests of protecting the environment, human and environmental harmony were embedded targets. Defined the concept of the environment, the concept of environmental crime and environmental penalty concept, and focuses on environmental penalty in China from ancient times to the modern society to the National History Society. Outlines the penalties for foreign environmental legislation. Including Japan, Germany, Britain, the legislative history of U.S. environmental penalty. Research on these environmental penalties early start in developing a more comprehensive national study of environmental penalty in China can learn to play the role of legislation. Describes the status of environmental penalties and deficiencies. Improve China's environmental problems in the penalty guidelines, basic principles, main contents. By the above discussion points out the problems of environmental penalties, and make some recommendations Legislation to initiate, enrich and develop the study of environmental penalties.