Study Certain Foundation Question On Environmental Crime

The problem of environment has come into the view of the world, and has been in treatment by politics,economy,technique, in the same time, by law including criminal law. But the traditional crime so as it's theory couldn't fit the need of the zoolozy civilization, because of it's localization in the times of zoolozy civilization after agriculture civilization and industry civilization.The article draw out the new concept of environmental crime,the interest of environment criminal law, the potential damage offence of environmental crime and the deposition of the environment criminal, which is different from the traditional' s, after scanning and discussing the traditional by the discursion of contrast,induce,deduction as much as the method of history,sociology and law. Then we come to a new,complete and profundity understanding of the environment crime's concept and it's criminal theory,which could fit the need of the zoology civilization times.It consists of 6 chapters, including 35 thousand words.In chapter one is the reshaping of environmental crime concept. The author firstly introduces the concept of traditional crime simply., then in contrast to the scholars' disputes of the concept of environmental crime, remolds and constructs the new concept of environmental crime, to distinguish the traditional crime basicly.In chapter two is the revising and expending of the interest of environment criminal law. The author narrates the characteristics of interest under the field of vision of environmental criminal law and clear the concept of the interest of environment criminal law. Finally, it revises and expends the traditional interest of environment criminal law.In chapter three is the necessary of establishing the potential damage offence in environmental crime. The author embarks from the overseas correlation legislation practice and the environment crime characteristic points out not only in the environment crime the potential damage offence has in the general sense the common characteristic. Moreover also has is different the unique merit. And to established the necessity in the environment crime which the potential damage offence to carry on exhaustive analysis.In chapter four is the suitable of adapting the strict liability in environmental crime. The author outlined the domestic scholar to be suitable the strict responsibility in the environment criminal law contending as well as the Western country in the legislation judicature practice to the strict liability universal suitable situation from the strict liability background, and it the suitable rationality has carried on the analysis to the strict liability concept in our country environmental crime.In chapter five is the optimizing of the environmental crime deposition stucture. The author points out the penalty measure in the traditional criminal law, the effect which displays in the punishment and the prevention environment crime aspect and pays no attention. It is necessary to seek the new elementary theory of the environmental crime deposition. Outlines and optimizes the structure of environmental crime deposition, as well as corresponding principles.