On The Ecological Criminal Law

Bad ecological environment problems and escalating ecological crime causedwide attention around the world, are used in a variety of legal sanctions, especially theuse of criminal law means to ecological prevention and control of crime, has played acertain effect. Some developed countries, due to its ecological criminal legislationstarted earlier, relatively deep research, initially formed a complete system of theecological criminal law. In the process of industrialization in our country, theecological environment caused serious damage, but the ecological criminal lawresearch in China is relatively slow, there is a great gap compared with developedcountries. Increasingly serious ecological environment problems in our country andthe escalating ecological crime and ecological study of the criminal law of thecontradiction between the relatively slowly more and more prominent, therefore,further study of the ecological criminal law is more and more important. Is based onthis purpose, this paper studied the ecological criminal law, to ecological preventionand control of crime, realize the ecological civilization.The first chapter: ecological overview of criminal law. First of all to define theconcept of the ecological environment, pointed out that in today’s society is facing theserious ecological environment problems. These delicate ecological environmentproblems, needs the intervention of criminal law, to saving and protecting ecologicalenvironment in order to reach the state of ecological balance, achieve the harmoniousdevelopment of human and ecological environment. On this basis, expatiates on theconnotations and characteristics of the ecological criminal law, points out theecological research of criminal law to solve the problem of the ecologicalenvironment of the current our country the importance and necessity.The second chapter: the ecological value of criminal law philosophy. Ecologicalcriminal law research need the right values, the direction of a correct concept of theecological value of criminal law on the ecological criminal legislation has asignificant impact. This chapter describes the two kinds of ecological value ofcriminal law idea, the first is the traditional ecological concept of criminal law valuenamely traditional anthropocentrism value idea, the second is the modern concept ofecological value of criminal law, and discusses the shortcoming of traditionalanthropocentrism value idea, put forward the modern idea of ecological value of criminal law should be throughout the course of the ecological criminal law study thecorrect values, is the soul of the whole ecological concept, theory and practice ofcriminal law.The third chapter: ecological constitutive requirements of crime and thepunishment setting. This chapter mainly from the aspects of the object of crimeconstitution, objective, subject and subjective aspects are expounded. Before onecological criminal constitute the four elements, first expounds the concept ofecological crime, reveal the relationship between the ecology and ecological crimecriminal law, finally, the criminal punishment system are introduced.The fourth chapter: the foreign studies of the ecological criminal law and thedeficiency existing in our country. Firstly expounds the abroad about the researchstatus and characteristics of the ecological criminal law, reflects some developedcountries in combating ecological crime, protect the ecological environment has madefruitful achievements, however, the domestic research results about ecologicalcriminal has not formed the scale and system. Theory research needs to bestrengthened, the system construction needs to be perfected.The fifth chapter: the ecological criminal law thought and system construction.In constructing the whole ecological criminal law firstly need to protect the ecologicallaw benefit of criminal law as the core, at the same time to guarantee the human livingspace as the end-result. Second in the overall ecological criminal law thought, underthe guidance of building ecological concrete of the criminal law system constructionto strengthen the ecological criminal law theory research, makes its own criminal lawsystem, realize the ecological criminal of retrieval, establish dangerous crimes;2toimprove the ecological criminal legislation, expand the scope of protection, add therelevant ecological criminal charges. The criminal punishment system should beimproved. Eventually to ensure the ecological environment of dynamic balance andthe realization of ecological civilization.