China 's Environmental Crime Legislation Is Perfect

Environmental crime is a special crime. But this type of crime does not clearly stipulated in the Criminal Code of 1979.The new penal Code in 1997 has a chapter called " Harm a society management order ", which include the section of the " Break the environment resources protection offense ". However, many loopholes still exist. This paper will discuss the concept of environmental crime, its characteristics, legislative defects and legislative perfection .The full text is divided into three parts as follows:PartⅠ: Focus on the concept and characteristics of the environment crime. By introducing different definitions and views on the environmental crime, then put forward my own views and perspectives. Namely, environmental crime is malpractice which violating state environmental protection laws and regulations, with intentional or negligent implementation to damage the environment and people's life and health and cause serious losses or serious threat. On the characteristics of environmental crime, this paper will pay attention to the attributes of extensive object and complex, abstract, and several other aspects for this crime. To get a accurate and scientific understanding of environmental crime. Second,Introducing the history and status quo of China's legislation on environmental crime. Recalling China's legislature in environmental crime legislation for its remarkable achievements since the founding of New China. Paving the way for improving the environment law as discussed below .PartⅡ: Defects in legislation for the environmental crime. Focus on China's environmental crime in the law on the four defects. Defect of the legislative model, act of polluting the marine as an example to illustrate that the scope of China's environmental crime is too narrow and the counts is too few. Example of pain of Japan's Fujitsu to illustrate that the law were not include dangerous environment criminals. Unreasonable penalty system settings: general penalty is too light compared property crime, the penalty type is too small and it is difficult to determine the amount of fines, the implementation of a fine there are some difficulties.PartⅢ: Perfection in legislation for the environmental crime. Focused on the perfection of the law in environmental crime. Starting with perfecting its legislation model for environmental crime, by comparing several representative models of the Legislation, and proceeded to put forward that our environmental crime legislation should adopt the model of special legislation, it should in the form of a special chapter to be provided 1997 "Criminal Law" .Second, the legislation should expand the scope of protection , some representative and new charges, such as noise pollution crimes, crimes undermine grassland and soil pollution crimes and destruction of wetlands, the crime of atmospheric pollution, marine pollution crimes should be added. Then,put forward that the dangerous criminal convictions should punished. Finally improving the system of criminal penalties for the environment crime, the penalty system should give full play to the role of non-punitive . To achieve the purpose of prevention of environmental crime. Then discussed the four reasons that the dangerous criminal act should be punished, which is based on the value of the environment , forecast of the criminal law. Promote environmental protection legislation and the international legislation have the same track . make up for the shortfall for acts committed and the outcome. Finally improve environmental crime penalty system, we should increase the penalty for certain crimes intensity, improving the environment punishment types of fines with clearly defined amount and the addition for time system execution.