Deficiency And Improvement In The Criminal Law System Of Ecological Protection

According to Article 26,Section 1 of Constitution in our country,it is incumbent on thegoverment to protect and improve living surroundings and ecological environment,as well asto prevent different kinds of pollution . When it comes to the crimina l law system ofecological protection ,it does gradua lly come into being,from the first appearance of thecrimina l penalty related to environmental protection in 1979 crimina l law, to the adoption ofthe amend ment of the fifth crimina l law in 2002. However,we are gradua lly aware of thestriking peculiarity of crime in environmental protection from the other crimina l crimes,withthe deterioration of ecological environment and the increase in crimina l cases related toecological environment.Therefore a significa nt problem facing the crimina l law is to carry outthe philosophy of the ecological protection in Constitution and enhance the crimina llegislation of ecological environment,catering to the peculia rity of the crimes of ecologicalcrimes. Thereby,I work out the thesis in the following aspects.The thesis includes three parts: introduction ,body and conclusion.First ,It is a brief introduction to the status quo of crimina l law about ecologicalenvironment protection and the significa nce of stengthening the crimina l law's protection ofecological environment.The body part falls into three parts:The first part includes the perusa l of Article 26 in Constitution and the redefinition ofsome basic concepts in the thesis:environment and ecological environment .It asloencompasses a brief introduction to the problems facing ecological environment and thestatus quo of ecological protection in our country.It also elaborates on the necessity of thecrimina l law's protection of ecological environment and the significa nce of applying crimina llaw to protect ecological environment, according to the philos ophy of ecological protectionin Constitution.The second part focuses on the deficiencies of the crimina l law system of ecologicalprotection.Sta rting with the environmental problems and further a camparison with thesituation of the crimina l law of environment abroad,the deficiencies in the crimina l law ofecological protection are disclosed from four aspects,besides a profound analyis of themajor problems.The third part centers around the improvemnt in the crimina l law of ecologicalprotection.Combined the ststus quo in the crimina l legisla tion of ecological environment withthe definciencies of the crimina l law system of ecological protection mentioned in the secondchapter ,severa l suggestions are put forward.The conclusion part makes a clear summa ry of the whole thesis.