The Status And Perfection Of Our Environmental Criminal Legislation

The environmental problem has caused severe attention all over the world, and the environmental pollution has caused negative influence for the human. In order to protect the environment of the human being, all the countries are seeking the effective methods, while the law tends to the most effective one. It is popular that all the countries use the criminal law to protect environment. It is a bit later for us to protect environment by criminal law. In our country, environmental criminal legislation which started in 1970s has been cumulated into a section until the 1997's criminal law. Compared with foreign legislations, the environmental criminal legislation of our country has developed continuously, but it is not enough, so the requirement of improving the environmental criminal legislation becomes more and more. There is a special theory in our country attributing success to a lot of scholars who have made so many studies. This text has absorbed many developed foreign experiences, introduced present legislation and the basic theory of environmental crime, put forward suggestions and opinions to perfect environmental criminal legislation. This thesis is made up of three parts:Part one:Preface. This part has mainly introduced the environmental problem in our country and foreign countries, then it has put forward the urgency of environmental criminal legislation.Part two:Main body. This part is made up of four chapters:Chapter one:Environmental problem and environmental crime. This section introduces what is the environment in the crime, and points out the seriousness of the problem, especially describes concept, characteristic of the environmental crime. This chapter has offered preliminary theory foreshadowing for the suggestions of perfecting the environmental criminal legislation.Chapter two:The present foreign legislation of the environmental crime. This chapter has mainly introduced several representative nations about their present environmental criminal legislation and characteristic in the mainland law system and the British and American common law system, then described international regulations and characteristic.Chapter three:The present legislation of the environmental crime of our country. It has described the process of the environmental criminal legislation before the background of our country's crime, so we can know about the legislation. In the last, it has introduced the present criminal law's regulations in detail.Chapter four:The perfection of our environmental criminal legislation. The former three chapters have offered preliminary theory foreshadowing for this one, and offered effective suggestions with expanding the problems in the environmental criminal legislation of our country step by step.Part three:Conclusion. This part summarizes the full text, further points out the attention of the text and summarizes the importance for the theory and practice.