On Construction Of Environmental Criminal Nomocracy In China

It is undeniable that we have made some achievements on punishing environmental crime and protecting our precious natural environment. Nevertheless, we have not substantially controlled the disturbing trend of environment crime, and on some level, the total occurrence of environment crime is increasing, which makes our ecological quality deteriorate. Our current research on environmental crime is in desperate need of reformation, such as the righteous basis, the purpose of penalty, the pursuit of basic value. Based on the reformation, we should establish an unprecedentedly active environmental criminal nomocracy.Be held criminally responsible is the most powerful measure that is accepting more expectations from the public. However, there is a clear deficiency of our current fundamental research on environmental crime, especially in the field of the righteous basis of environmental criminal law, most scholars roughly apply the theory or views of modern environmental ethics. Nevertheless, that kind of approach is unscientific, even irresponsible. Understanding of this issue directly relates to the development of our academic study of environmental crime and our judicial practice. As a matter of fact, the righteous basis of environmental criminal law can be fully illustrated in traditional eclectic theory.Based on the lethal consequences of environmental crime, our Judicial officers should pay more attention to the general prevention effect of criminal law, instead of the special prevention effect; our legislation of environmental criminal law should pay more attention to the maintenance of norms, instead of compensating the legal interests. In the context of combating environmental crime, to talk about specific prevention and protection of legal interests is meaningless; it is appropriate for us to use the penalty in advance, in stead of waiting until the legal interests suffered a huge and often irreparable lost. Therefore, criminal penalties for environmental crime should focus on the role of general prevention, it means that to prevent recurrence of similar incidents which can lead to huge damage to the natural ecological environment. Generally speaking, the special prevention should not be a dimension of criminal penalty's purpose, and general prevention should be the sole purpose of environmental criminal law.Industrial revolution and modern science and technology has profoundly changed the order and way of human life, it provides us with countless convenience which a traditional society even cannot imagine, but meanwhile, it also create many new forms of danger, such as electronic virus, traffic accidents, genetically modified food and environmental pollution. It can be said that modern industrial society has been radically changed into risk society by the danger and risk which were produced by itself. The development of modern science and technology had triggered social inequality, large-scale ecological disaster and other forms of risk, it has far exceeded the inherent territory or the logic of the border of modern industrial countries, and challenge the countries in turn by eroding the national will and management.In the context of risk society, Criminal law as a part of social superstructure would have to reconsider its position, it is bound to take up the national responsibility to those modern risk. The modernization of criminal law possesses a particular significance in china which is in an unstable era of Rapid economic development and social change. Unfortunately, in the context of preventing and controlling environmental crime in china, our current study put too much attention just to the legislation of environmental criminal law, but lack of study on environmental criminal procedure ,environmental criminal trial and protection of victims of environmental crime. Environmental crime is a vicious impact of all aspects of human society, and if we limit our academic horizon just to the level of legislation, we cannot accomplish the goal of preventing and controlling environmental crime and improving our living condition. In conclusion, to construct an active environmental criminal nomocracy which integrate environmental criminal legislation, environmental criminal procedure, environmental criminal trial and protection to victims of environmental crime is our best choice.