Amendment Research Of Environmental Crime Legislation Of Our Country

With rapid development of the China' economy, the destruction on the ecological environment occurs quickly and seriously. Besides strengthening publicity of legal concept, development of recycling economy,green economy and Low-carbon economy, controlling environmental pollution and destruction also should prevent and punish the destruction behaviors on environment which do harm our society deeply. To be the forceful second line of defense, Criminal Law should give buffet and warning to the one who pollute and destroy environment badly, and stop the Environmental Crime's occurrence and overspreading by rigorous criminal law network.The Criminal Law of People's Republic of China promulgated in 1997 (here in after" the Criminal Law 1997") set up a section of beneath Crimes of obstruction the administration of public order, which ordain the crimes of destroying the protection of environment and resources. Comparing with the Criminal Law of People's Republic of China promulgated in 1997 (hereinafter "the Criminal Law 1979"), new rules are more correspond with the requirement of practice and more effective on legislation system, accusation and the aggravation of penalty. Certainly, The legislation of Environmental Crime has so many problems that cannot catch up with the legislation of developed countries. The author want to summarize practical issues as much as possible, provide viable legislative proposal, impel the development of Environmental Crime's legislation of our country.The Research on Environmental Crime's legislation should pay attention to the theory first. We focus on the value orientation of Environmental Crime legislation, because the argument between Anthropocentrism and environment selfish departmentalism influencing Environmental Crime's legislation directly. Traditional anthropocentrism's overprotection and environment selfish departmentalism's excessive innocent let us realize Environmental Protection must be equal with the benefit of human and environment to maintain sustainable development of whole mankind. The value orientation of Environmental Crime legislation also determines environmental legal interest, concept of Environmental Crime and its constitution. The interest of environmental criminal law not only include environment criminal behavior which endanger human's health and property, but also emphasize protection on environmental legal interest; The concept should be defined as which behavior break Environment and Resource Protection rules, environmental legal interest torts, and should bear criminal legal liability; The constitutive requirement of environmental crime should be accepted, it is benefit judicial practical demands within nature of crimes, and not make pollution and destruction more serious for lack of the foresight on legislation.Considering the research of Environmental Crime's legislation, mainly by the Criminal Law 1997. As has been noted, the rules of environmental crime in current criminal law are advanced in some parts, but disadvantages still exit. Although there are some progress in structure, style, content of legislation, there are many problems: ensemble stipulation of legislation, subjective and objective elements in the constitution of crime and criminal responsibility's achieve, which prevent the administration for environment crime.For the purpose of penalty and its effect, the author has some consummate suggestions on Environmental Criminal legislation of China. As following:first, environment crime should be constituted with special chapters, emphasize the importance of administering Environmental Crime by system; second, supply legislation content on some environmental criminal objects; third, add new penalty, such as the crime of destroying grassland resources, the crime of destroying wetland resources, the crime of destroying nature reserve and the crime of noise pollution etc; fourth, some environment crime should include potential damage offence of the serious pollution, such as the crime of serious environmental pollution accident, Import waste crimes; fifth, in consideration of the hard identification of causality of environment crime, it is necessary to introduce special causality identification method; sixth, Strict liability should be applied conditional, relatively strict liability but not absolute liability; the seventh, the improvement of criminal responsibility's achieve way should begin with criminal penalty and non criminal penalty.