Study On The Environmental Criminal Responsibility In China

The environment legal responsibility is the environment law content, receives the environment law and the environment law value restriction. At the same time, environmental crime's legal responsibility is the legal responsibility one kind, punishes the destruction environmental crime severest method. Environmental crime's legal responsibility namely receives the environment method restraint to receive the legal responsibility the influence, this causes the environmental crime the legal responsibility to present with the environment civil liability, the environment administrative responsibility different characteristic, enables it to have the special function in the environmental protection aspect.This article divides into four chapters, separately from the environment legal responsibility theory, the overseas mature environment legal responsibility for our country's model, our country environment legal responsibility's present situation and the consummation four parts elaborates the article.The first part is the article first chapter, first introduced the legal responsibility theory, through the union legal responsibility theory and the environment legal principle theory of law theory, to the environment legal responsibility's concept, the characteristic, undertook the responsibility basis to carry on the elaboration and the analysis.The second part is the article second chapter of content, is mainly introduced that national and so on UK and US, Germany, date environment legal responsibilities stipulated that analyzes its environment legal responsibility the characteristic, as well as the environment legal responsibility's legislation inspires for our country and uses for reference.The third part is the article third chapter, this part first carried on to our country existing environment legal responsibility said that and compared it with the overseas environment legal responsibility, which aspects obtains our country to need to come from to the environment legal responsibility to carry on the consummation. Next, elaborated our country environment legal responsibility's present situation, has laid the rationale for the following environment legal responsibility's consummation.The fourth chapter is the last part of the article is mainly on how to improve environmental liability.The purpose of criminal responsibility from the environment on development of improved theoretical perfect theoretical support needed to develop the purpose from the punishment of crime to changes in crime prevention and enhance the use of means of education, from the occurrence of crime prevention thinking.In the main responsibility of the author, sin form, Dangerous include the responsibility to achieve their ways, put forward suggestions.First of all, the main areas of responsibility, the author of the main responsibilities are divided into natural and legal persons, the commitment of the subject method are discussed.Second, in the form of sin, the proposed criminal negligence into criminal law be adjusted to better protect the environment.Third, the proposed Dangerous into environmental regulation the scope of criminal law.Finally, in the way of accountability, accountability of environmental criminal liability according to the different ways, are classified as criminal liability and penalties to criminal liability for non-punitive measures.Commitment of criminal responsibility, the proposal to expand the application of criminal fine, and the criminal fine was to explore the specific application; recommended setting unit qualifications.In the non-penalty criminal responsibility, the recommendations of the punishment set of social, educational and help offenders reform, such as the provision of public welfare or community service within a time limit shall be ordered to remedy or restore the environment to be found for the criminal law protection of the environmentan effective way.