The Research On The Environmental Crime

Environmental crime is a new type of crime. In our country the Penal Code(1979)haven't any item about it. Only the concerning administrative regulations generally formulate a term, when the polt is serious, it must accord as law to run penal liability. The new Penal Code(1997)set up a section, which ordain the crimes of destroying the protection of environment and resources, but still have many holes. This article will start with the concept of environmental crime, the concerning penal theory and the legislative perfection to study environmental crime. The whole—length have four portions, specific content are as following:Chapter 1 first introduces the generality of environment, which include the concept of environment and the generality of environmental issue in China. Subchapter 2 is the generality of environmental crime. Scholars from overseas and inland bring forward a lot of definitions about environmental crime, then penman advances own opinion, which becomes the matting of the following text. Comparing to traditional crime , the environmental crime have unique characters. The final part is the ethical base of environmental criminal law. The change about ethical base will affect the concerning legislation.Chapter 2 sets forth the reconstruction about the penal theory of environmental crime. Subchapter 1 expound the reconstruction about legal interest of environmental crime. The writer introduce ain attitude, which pay attention to environmental interest, personal and wealth interest. The basic inscape is violation of environmental interest, the aggravating inscape is violation of personal and wealth interest. Subchapter 2 discusses the theory of causality in environmental crime. The causality in environmental crime is very complex, which have many reasons. And there is a long period from the reason to the result. So it needs to import causality of epidemiology. Author brings forward a standpoint in subchapter 3, which will establish relatively strict liability with stated limitation in the cognizance of environmental crime.Chapter 3 researches into the perfection of entitative law. Subchapter 1 presents the generality of environmental crime in overseas. On the basis of subchapter 1, penman sets forth the perfection of entitative law, which from macroscopic andmicrocosmic aspects.Chapter 4 sets forth the perfection of procedural law. The procedural law is the safeguard of entitative law, it is very important. Procedural justice ensures the entitative equity. The writer advances some assumptions by the scholastic discussion. For example, it will set up the system of aggregative procedure about environmental crime, and so on.