Defects And Amendment Of Environmental Crime Legislation

With the development of human society, highly developed material civilization causes more and more problems including environmental pollution. Many countries formulated the Environmental Protection Law and other rules one after another; the western developed country played the advance role in the environment criminal activity legislation. Their achievement on the environment crime legislation style, the crime constitution, and the legal responsibility undertakes was worth us profiting from. In our country, we can find an independence section about environmental crime in Criminal Law (1997). It expanded the extent of protection and aggravated the penalty, which played a positive role, but constitutive elements of the environmental crime is not very clearly, such as he environment subject of crime, the extent of protection, penalty limitation, the fine standard. We can say that present "Criminal law" already lags in environmental crime legislation. This article embarks from our country environment present situation and the environment crime present situation to discuss environmental crime legislation of our country, then point out the limitations and make some suggestions. I hope it can offer a few ordinary introductory remarks so that others may offer their valuable ideas, to enrich and to develop our country environment crime legislation research.The first part is about basic theory of environmental crime.In this part, I will discuss the outlines of environment crime theory and present situation of environment crime in our country. This is the basic point to discuss how to perfect crime legislation of our country. I elaborated the dispute about concept of environment crime, and then summarize the various countries'experience to the environment crime the basic concept. The traditional environment crime concept takes the humanism as a center or takes the natural selfish departmentalism as the center. Their organic relation is cut. They all one-sided understand the environment crime concept. The environment crime should be a kind of crime the general designation. It must include the complete profit which the environment criminal law protects and it must be a comprehensive concept, therefore, the more reasonable environment crime definition is: The natural person or the juridical person violate the environmental protection laws, intentionally or blunder to pollute or destruct environment resources, if the situation is so serious that to creates or sufficiently creates the serious harm consequence, the object should be punished by Crime Law. It conformed to our country to construct the socialism harmonious society's basic request. After creating the theory platform, I try to explain how serious environment pollution is in our country to make a basic for the content that the defects of environmental crime legislation of our country and suggestions to amend the legislation of environmental crime.The second part is about the defects of environmental crime legislation of our country. I elaborated our country environment crime legislation advancement and the achievements in this part, in this foundation; I analyze the differences between the environment crime and the tradition criminal. Our country environment crime legislation has experienced two stages: start stage before Criminal law (1997) and developing stage after Criminal law (1997). In the second stage, a radical change appears that an independence section about environmental crime was created."The destruction environment resources conservation crime"was born. It changed the situation that the legal responsibility needed according to be suitable the criminal law about other crime. This is a important advance. But many years passed, many limitations exposed, such as crime shape, crime result, legal punishment. Specifically says, there are problems as below: The legislation style has careless mistakes, can't be executed; Environment criminal object is not very accurate, the extent of protection is narrow; short of stipulation of the danger suspect; the responsibility principle is not reasonably; has not introduced the strict responsibility principle. After elaborating above, we can find defects of environmental crime legislation in Crime Law (1997), and draws out suggestions to amend it as below.The third part is about the suggestions to amend the legislation of environmental crime .This part is the most important one of the all three parts. In view of the fact that the environment crime is complex, environment criminal activity legislation is not consummate according to present Crime Law of our country, and it can not feed actual need to protect environment. Crime Law used to be a harp weapon to stand against crime, but it doesn't work in this aspect as we expected. Therefore, I make suggestions as below to perfect the legislation of environmental crime legislation: Firstly, legislation of environmental crime legislation'system should be"special system", and an independence chapter about environmental crime is needed. It is more suitable. I think we should separate"the destruction environment resources conservation crime"from"the hindrance social management order crime"and rename it as"the destruction environment resources crime". Moreover, we will have to set it in a important position. Secondly, we should give a new concept to the criminal object. By comparing one theory to another and searching their merits and disadvantages, I think the new concept should be"the benefits enjoyed by individual, the unit, the country and the entire human society, which is violated by the environment criminality and protect by Crime Law. This kind of rights and interests appear as national and humanity's sustainable right to development, the unit's and individual's property right, life and healthy right, which called"environment right"for short. Thirdly, append"danger crime"as a new kind for some serious crime. In these crimes, serious consequence is not indispensability. If the subject makes a sufficient danger, the accusable comes into existence. If serious consequence comes out, the felon should be added. Finally, the strict responsibility principle should be bring in .The principle also require subject's subjective fault, but doesn't required plaintiff to prove it. Strict responsibility is relative, it gives the subject deraignment. If the object can prove he has not subjective fault or a third-party's fault causes the consequence, the object will be innocent. I have carried on a detailed discussion and the elaborations to the above content .I hope it can be beneficial to reformation of environment crime legislation in our country.