Thinking About A Few Of The Environmental Crime Of Criminal Legislation

The textual subject is many problems to discovers to exsits in the our country environment pertaining to crime lawmaking, and puts forward to slice the solid viable solution take into perfect. 20^th Century is scientist who a century that since human society creation, the nature resources suffers the breakage the most seriously with the environment resources, the whole world all have pointed out, exhausting excessively to the resources, ising environmental and serious to the ecosystem contaminative, make people face the unprecedented to punish, this is the new serious challenge that human front meet.Environmental and serious breakage in world, force the all countries lawgiver have to adopt every kind of law protection measure to limit the environmental and further depravation.At the same time, the environment crime problem is increasingly serious, making all laws all suffered the challenge of the environment problem originally possessed.For this, international society and international community all at look for the economic development in a kind of coordination progressively with the norm measure of the environmental protection, even make use of the environment pertaining to crime lawmaking give the adjustment.Therefore, the realistic problem of the environment pertaining to crime lawmaking inside has become current lawgiver an a rigorous lesson for facing. In the our country, from the provision of the a code criminal acts concerning environmental protection item contents, have to pass to the 2002 《penal code revision bill( four) 》, become the current environment in our country pertaining to crime law system gradually.However, is increasingly worsen along with the our country environment condition, the environment crime case increases not much, making us know the environment to commit crime to commit crime with other pertaining to crime to compare the stronger and special.The environment pertaining to crime lawmaking of the for this reason perfect our country, to adapt to the special that environment commit crime request, is an our country current environment pertaining to crime lawmaking a key problem for wanting resolving. Currently, because of our country is being placed in the gradually perfect stage in system in law in pertaining to crime in environment, so problem exsited in the aspects of environment crime comparison many.Concept, environment that this text commit crime from the environment crime of the crime that the penalty, environment that pertaining to crime lawmaking mode, environment crime crime constitutes, the procedure that environment crime applies etc. the many the problem that disputes commences, proceed the deep analysis, and put forward some compare slice solid viable suggestion to our country the environment pertaining to crime law system takes into perfect. Concept problem that commit crime on the environment, put forward the environment crime should have three characteristics:One, break the law the sex;Two, social bane;Three, punish the sex, and think that the concept of the environment crime should synthesize the consideration, ising divided into the broad sense with the narrow sense of hermeneutic. On the problem in environment crime lawmaking mode, put forward the environment pertaining to crime lawmaking mode of the our country should the single a method mode that adopt a kind of variation, primarily is at concrete actual in operation adopt to establish a corpus method combine together with other dispersion method the way of the suitable for use, but its main characteristic is still the single a method mode. On the problem of the environment crime penalty, put forward:One, the environment crime shouldn't apply again the death penalty;Two, should make a point of the penal suitable for use in penal sum;Three, the environment crime should increase to establish the qualifications penalty。Composing important item problem that commit crime on the environment, in the crime a, have no the suitable for use problem, nation of the mistake principle can be used as corpus and environment crime cause and effects of the environment crime relate to of affirm that the principle puts forward the original views in oneself.Think that the an of the environment crime should be a kind of dual a, is a kind of is an our country what penal code protect, relate to with nature a direct ecosystem relation with the interpersonal and indirect society for the person whom environment crimeviolate.In suitable for use problem that had no mistake principle this differ in opinion with current scholar mostly, thinking should apply to have no the mistake principle.Insists nation can become the corpus problem of the environment crime, very much penny as two of standpoint, think that can't become the crime corpus in local environment crime, but can become the crime corpus in international environment crime.The usage toward environment crime cause and effect relation then think in principle because of special that environment commit crime, at apply the cause and effect relation predict outcome the principle, must give appropriate restrict.Would not°full with confidence certain scope, in relevantly pollution environment crime, be applicably for example. On the suitable for use problem in environment crime procedure, discovers to register for the record the system and judge to rule over the system, pursue for the term system, indictment legal power the allotment the system and offer as proof the problem of duty system etc. many aspects, and think that stand opposite the case rule over system should the adequacy loosen the standard that register for the record, changing subjective standard as the objective standard;The confrontation judges to rule over the system puts forward to hand over the stronger environment in profession crime case be ruled over by higher court in Class;To pursue for the term system puts forward to separate to pursue for the calculation method of the time limited efficacy with should it the tallest penalty in legal of the offense is mutually; Put forward to reply to the indictment legal power allotment system the different environment criminal case do an environment for ruling over differently, such as for general public prosecution criminal case, the environmental protection organization possesses to sue the opinion power, for contaminative environmental case, environmental protection organization contain power put forward to sue opinion etc.;To offer as proof the duty system put forward the environment criminal case general in apply the common criminal case concerning the provision that offer as proof the duty, but, is next at the term that meet the law provision, should be undertaken by accused to offer as proof the duty.