Research On The Environment Criminal Law's Administrative Subordination

The process for environment protection system establishment and improvement is gradually emphasized by people. Since 1970' the criminal law largely involved environment crime. Due to our country's great need for environment protection and the tendency for international social criminal legislation, the 6th chapter for the criminal law of 1997 that is destroy the society administration discipline define the crime for destroy environment resources, totally 9 articles 14 acts, it forms its own environment criminal law. Because the specialty for the objection of the environment crime injures, it decides its difference with traditional criminal law, especially it is displayed at its administrative subordinated status. The environment criminal law's administrative subordination is the inevitable section for environment criminal law philosophy, and the weakest section.Our country environment criminal law starts very late, and it has strong administrative subordinated character. This isn't coordinated with environment criminal lawsuit requirement purpose. The problems exposed during legislation and judicature needs our consideration. For legislation it shows as environment criminal system design, reasonable using for blank crime of environment criminal law, and endowing environmental administration department with lawsuit right. On judicature it shows as the reference for the injury results criterion blur the subordinated administrative process defects, the absence for environment administrative legislation and judicial resolution for it, the law confirmation for committing environment criminal law on administrative law. The research on environment criminal law on administrative subordination is not simply to divide the administrative law from the environment criminal law, but to looking for the balance point between the environment criminal law's dependence on administrative law and its enforcement effect on criminal law practice. To play the role of environment criminal law's criminal law function at the most possible large extents.This paper is not intend to repeat the name for environment criminal law administrative subordinated characteristic, but analyze the various standpointaccording to this name, on the basis of review the environment protection system evolution and involving criminal law, the basic knowledge for environment criminal law's administrative subordination including its definition, characteristic, category and forming reason, it emphasize on the consideration for the problem aroused by the legislation and judicature. It gives the relative analysis and research, and proposes the resolution method. On the basis of environment legislation value philosophy, I am looking forward to the development of the environment criminal law under its administrative subordination.