Environmental Crime And Improvement For The Environmental Criminal

The dissertation is divided into four chapters, their main contains are individually displayed as follows:In chapter one, the concept of the environment and environmental crime are discussed. it pointed out that environmental crime is different from traditional crimes and public nuisance crimes; the environmental crime refers to acts of people in violation of environmental laws. The action to pollute or destruct the human environment and other ecological environment, which will cause serious consequences or have cause serious consequences, should be subject to penalty punishment.In chapter two, it introduces the establishment and the development process of the environment criminal law in China. It divides into three stages: Firstly, the initial stage is in 1949～1979. At this time, the civil law and the administrative law and criminal law are mainly used interactively; Administration means are a dominant way; it is not very serious for environmental pollution and resource destruction in China. Secondly, the stage of development is 1979 to 1997. At that time it didn't set up specialized environmental criminal legislation, so the single criminal law and the subsidiary criminal law are used complementally for each other. The negative impact caused by environment and resources is of the more prominent in China's economic development, so somewhat unavoidable defects exists at the process of enacting laws, for examples: many gaps in criminal legislation and the unfeasibility of the actual interoperability, etc. Thirdly, the continuously improvement stage for the environmental criminal code is from 1997 to now. 1997's Penal Code provides a separate section to definite category of crime to destruct environment and resource, and the new environmental crimes have been accordingly amended and improved by Criminal Law Amendment and The Supreme People's Court's judicial interpretations.In chapter three, it introduces the foreign criminal legislation patterns for environmental crime. To analyze and introduce the development process of the environment criminal legislation in differential country and in Hong Kong, Macao and Taiwan in China, it can be drawn on for China's environmental legislation. Firstly, we analyze the legislative model in Germany, Japan, France, which are representative countries in Romano - Germanic law family. Although they are all country in Romano -Germanic family, but for differential conditions in those countries, it has many legislative models, for examples: setting up a special chapter for environmental crime, or making the single environmental criminal law and the subsidiary criminal law. Secondly, the legislative models in the United Kingdom, the United States, Australia are analyzed, those countries are Anglo-American law system, they belong to the United Kingdom or the Commonwealth of Nations or have its own unique political and legal system, but they almost lack traditions of making the positive laws, then comprehensive codes are few and the subsidiary Criminal Laws are main. Environmental Criminal Law has been great influenced by the administrative law. Thirdly, environmental criminal legislation in Hong Kong, Macao and Taiwan in China's are analyzed. Hong Kong, Macao and Taiwan belong to Romano - Germanic law system and Anglo-American law system , so they all can learn from the legislative model in differential country and become own style.In chapter four, it is discussed to improve the environmental criminal legislation. it specially demonstrates the main problems in environmental crime and the perfect proposal in our country at now. . We should set up the chapter of environmentao crime.In addition we should ordain threatening criminal.and Increasing penalty and Expanding the application of criminal penalties and Implementing Special retrospective effectiveness and Adding new means to balance penalties and the environmental protection...