Comparative Analysis Of Environmental Crime

Environment is very important for human, because it's the basis of human existence and development. But the present environment situation is not optimistic. There are not only social effects of pollution, but also three global environment issues which are greenhouse effect and the destruction of ozone layer and acid rain. These not only block the persistent development of economy but also endanger the life and healthy of human. Serious environment situation arouses the attention of the countries in the world. Then every country strengthens the punishment by the means of criminal measures and form it's own legislative mode. Especially the developed countries have formed perfect jurisprudence lex on environment. But the environment situation is very serious because of the poor economy and the poor environmental consciousness in China. Now environment issue has become one of the most serious social issues. Our jurisprudence lex on environmental crime is not perfect yet and we still need to improve it. In this background if we want to get rid of the harassment and improve the law, we must learn from the advanced countries. Based on this, the author chooses this subject and begin the paper by introducing the serious environment issue and the gap between the foreign countries and China on law. This article consists of five parts.The first part mainly introduces the different concepts of environment and environmental crime between abroad and home. By contrast we make the conclusion that the British and American legal setup attatch importance to quantity while the continental legal setup to quality. We express all the elements in China.The second part mainly introduces legislative mode on environmental crime. There are three kinds of mode which are mending the penal code and special criminal law and affiliated criminal law in the countries of the continental legal setup. The countries of continental legal setup mainly are affiliated criminal law. Generally speaking China belongs to the mode of mending the penal code.The third part mainly introduces the difference by contrast the constitutive elements of crime which are object, objective element, subject and subjective element. The main differences are whethere artificial person can be the subject of environmental crime and whethere there are the provisions of strict liability or threatening ciminal.The fourth part mainly introduces the penalty in the countries of the world. Then the author make the conclusion that countries make importance on fine, imprisonment and non-penalty measures.The fifth part is the suggestions which mainly consists of four points. We should set up the chapter of environmental crime and add some crimes. In addition we should ordain threatening criminal and strict liability and deduction causality principle.