Statement On The Constitution Of Environmental Crime

Environmental crime theory is a intersectant theory of the environmental law and criminal law. The constitution of environmental crime is an important constitution of the intersectant theory. In our country, criminal law's involvement in control of environmental crime started in 1970's, and now the control becomes more perfect. But these are still lots of problem not be solved, so the embarrassment situation appeared . To the action of destroying, the criminal law is a paper tiger. So it is necessary to improve our environmental criminal law, especially the theory of the constitution of environmental crime. Beginning with the basic concept of"environment""environmental crime"and"the constitution of environmental crime", this author introduces the constitution of environmental crime of several foreign environmental crime. Through the analysis of the actuality environmental crime of our country and two disputes in the domain of law, finally the author takes effort to give legislative suggestions on perfection of our constitution of environmental crime.The first part of the paper is about the summarization of the constitution of environmental crime. In this part the author analyzes the concept"environment""environmental crime"and"the constitution of environmental crime", and discusses the effect of the constitution of environmental crime on the conviction and measuring punishment.The second part of the paper is about the constitution of environmental crime in foreign country. In this part, the author introduces the legislation and its'characteristic of the constitution of environmental crime in the Japan, Germany, England and America .The third part of the paper is about the actuality of our constitution of environmental crime. In this part, the author introduces the characteristic of our constitution of environmental crime, and points out the problem in the legislation and practice. In addition, the author analyzes two disputes, and makes own standpoint.Considering the present condition of our country, the last part of author gives some improving suggestions on our constitution of environmental crime. To the subject of crime, the local government should be the subject of environmental crime. To the subjective of crime, we should accept the principle of putative subjective of crime. To the object of crime, the pattern of double deck object is more reasonable. To the...