A Study On The Legislation Of Environmental Crime In China - From The Perspective Of Trial Practice Of Qingzhen Environmental Court In Guiyang City

With the advancement of economy, science, technology, humanity has enteredinto the industrial society.A long time, man has been immersed in the happinessbrought about by the industrial civilization, no ending to the ecological environmentobtained from.To modern society, environmental destruction, environmental pollutionis a serious impact to the production of human life, even a threat to human survival,development, becoming an important factor restricting the development of humansociety.Use of criminal law to crack down on acts of serious harm to the environment,effectively protect the environment, has become more and more consensus.1997"Criminal Law" to change the layout of the79"Criminal Law", in sectionVII of Chapter VI of the Criminal Law prejudice to the order of social administrationto undermine the protection of environmental resources in a special section,"crime"set the environmental crime, this changecompared to79the Penal Code, whether inthe legislative system, or charges, the penalties are more in line with the needs of thejudicial practice has played a positive role; mature relative to developed countries,however, environmental crime legislation, China’s environmental crime legislationisshowing a lot of problems.In November2007, Guiyang City the Qingzhen environmental court wasestablished, centralized, and specializes in environment-related cases, has played agood role in protecting the regional environment, have drawn praise.Specific criminalcases to the environment, the environmental court in the environmental crimes trial ofcases on the basis of summary explore, research, and formed some good experiencesand practices of exemplary in the fight against environmental crime, environmentalprotection has played a good effect.This paper Qingzhen environmental court practiceof Guiyang City, explained through the basic theory of environmental crime andenvironmental crime legislation the status quo analysis, refining the drawbacks ofChina’s environmental crime legislation, summed up the problems and proposepracticallegislative proposals to promote the study and progress of China’senvironmental crime legislation. The paper is divided into three sections discuss issues related to China’senvironmental crime legislation, the first part describes the concept of environmentalcrime, the characteristics on environmental crime, the basic theory; be elaborated inthe second part of the legislative status quo of China’s environmental crime, andGuiyangCity the Qingzhen environmental court practice, practice-based, thedifficulties encountered in environmental crime cases in the environmental courthearing as the starting point, analyze the main problems in the current environmentalcrime legislation; The third part is for the second part of the issues raisedOn the basisof theoretical analysis, combined with the Guiyang City the Qingzhen environmentalcourt trial practice on these issues and difficult to solve, and learn from the practicesof foreign environmental crime legislation of environmental crime legislation toimprove the recommendations.