On Crimes And Punishments Of China's Enterprise Environment

As the main body of the market economy, the enterprise not only directly created a lot of wealth, but also produced a series of environmental problems. With the development of human society and economic level, environmental crime is becoming increasingly prominent. As the final barrier of protection social environment, environmental penalty are more effective to protect the human environmentw in the business of environmental crime and environmental requirements of the lack of penalties to be addressed, drawing on advanced on the basis of legislation, put forward a sound business environment of crime and environmental penalties of measures to try for China system of corporate environmental criminal efforts.The first part introduced the basic theory of environmental crime and punishment of China's enterprise .In the part of the corporate environmental crime, the author analysis the main basis for the corporate as the subject of environmental crime, the subjective motives and the behavior of corporate environmental crime. In the part of the corporate environmental penalties,the author analysis the realization and the development trends and the basic principles of the corporate environmental penalty.The second part introduced the legislations and defects of corporate environmental crime and penalty. The author analyzed the defects of corporate environmental crime from four aspects of the crime elements .The inadequate protection of the object of crime and the missing of strict liability and much too high of result required are should to resolve. The defects of corporate environmental penalty are mainly shown in the improper sentencing of penalty and the non-punitive measures are not strong in practice and so on.The third part introduced the advanced legislative experience of the developed countries on corporate environmental crime and punishment measures. In the part of the elements of environmental crime section the author discussed the environmental rights into the constitution, the application of strict liability, the potential criminal to convict, and so on. In the part of the penalty section discussed the environmental penalty and the non-punitive measures. By analyzing advanced legislative experience of the developed countries, we can get useful lessons and conclusions.The fourth part is the focus of this article, it mainly introduced the identification of corporate environmental crime and the punishment measures to improve the environment. In the aspect of corporate environmental crime, we completed it mainly from four aspects of criminal constitution; in the aspect of corporate environmental penalty, we completed it mainly from fine punishment, qualification penalty, behavior punishment and other aspects of non-punitive measures. Through advanced foreign legislative experience, proposed the introduction of probation system, making public bad news, and community services with constructive non-punitive measures. The introduction of these non-punitive measures is bound to enrich the contents of our penalty system.I believe that the if we can increase the penalty of punishment, try to apply the new non-penalty measures, the environmental penalty can give full play to special prevention and general prevention functions in the prevention of environmental pollution and destruction. Coordination of environmental measures and penalties for non-punitive measures to the criminal enterprises, not only accord to our basic national policy of sustainable development, but also it is the meaning of title of implementing the scientific concept of development deep and the construction of harmonious society.