Study Of Environmental Criminal Law

The environmental criminal law is one of the branches of the criminal law,also is the object which criminal jurisprudence concerns. Although the legislation of the environmental criminal law is unceasingly consummates at present in our country,it still had the disappointment place. This article focuses on the further perfection of the environmental criminal law and on the concrete design of the system which the legislation pursues. For this reason,this article especially needs to make it clear which theory the environmental criminal law really based on. Only so,the perfection of the environmental criminal law could be established on the foundation which are both scientific and rational. On this article is divided into two parts,the first elaborates the general theory of the environmental criminal law,which includes the environment issues to the environmental criminal law,the characteristic and the foundation of the environmental criminal law,also two important principles of the environmental criminal law;the second discusses the legislation of the environmental criminal law,it involves the conditions of the environmental criminal law in the countries which have made great achievements and the perfection on the criminal environmental legislation in our country.Chapter one:The environmental issues and the environmental criminal law. In this part,this article goes beyond to the traditional understanding and propose of criminal law:the environmental criminal law stipulates environmental crime and its legal responsibility as well as the corresponding legal procedure to protect the environmental rights and interests or the order of environmental administration. The major view about the environmental criminal law asserts that the purpose of the environmental criminal law lies in the maintenance of the administrative order of the society,whereas this article argues,the purpose of the environmental criminal law lies in protecting the citizen's environmental rights and interests mainly,some specific clauses of the environmental criminal law protects the environment and the order of environmental administration. What the environmental criminal law is to punish is this unique criminal offence to the environment,i.e. the environmental crime. The so-called environmental crime refers to the criminal offence that the legal organization or natural person pursues or indulges the harm he does to the environment out of intention or negligence,as to pollutes or destroys the environment and the natural resources,as well as other activities which led to dangerous consequence severely or practical possibility of danger by violating environmental law or disobey the administrative order seriously. The uniqueness of the environmental criminal law lies in judging the harmfulness of environmental criminal offence,its' abstractness on operation,the contradiction which the society response to the environmental criminal offence and the difficult criminal investigation. The uniqueness of the environmental crime has close relation with the social backgrounds under which the environmental issues came into being. These backgrounds include:Strong scientific and technological background,extensive confliction between the environmental right and economic right and deep economic,political mode. Especially,this article points out that the environmental criminal law not only includes the criminal entity law,but also includes the corresponding legal procedural law.Chapter two:The characteristic of the environmental criminal law. The environmental criminal law is rich of characteristics. First,its' subordination to the administration,namely,whether or not some offences to the environment should be called environmental crime depend on the environmental administrative statute or the environmental administrative decree. The environmental administrative law have greater elasticity and weaker stability,Through its' subordination to the environmental administrative law and to the environmental disciplinary sanction in the requirement of the crime and th...