Punishing And Preventing Environmental Problems Of Crime

Environmental crime is the product of economic development, which shows the conflict performance of social transition economy and social development and natural environment. As every country have suffer from the serious environment pollution and destruction to threats, they pay more attention to held international environment meeting and study the international environmental crime. Countries actively cooperate with the global development trend and participate in domestic about environmental crime revised legislative provisions, increase punishing and preventing environmental crime dynamics, enrich the punishing measures to protect the environment.It mainly includes civil sanctions, administrative sanctions and criminal sanctions, the most severe is the criminal sanctions, but our country's existing punishing and preventing environmental criminal sanctions have not effectively environmental crime, environmental sustainability of face unprecedented challenges. As the western developed countries industrial development capital righteousness earlier, also pay more attention to the pollution of environment with study, in punishing and preventing more experienced criminal on environment aspects. We need learn from foreign advanced legislative idea, mode, flexible punishment, and combine the specific conditions with China to solve the increasingly serious environmental crime. That will provide a more stable platform for China's economic, environmental, the sustainable development of our country, andthe harmonious development between man and nature to createThere are some barriers in the promotion of meting out punishment of environmental crimes:first and foremost, it is shackled by the traditional authropocentrism ignoring the importance of environment, and punished the environmental crimes on the basis of losses to public and private property, or grave consequences of personal deaths and injuries instead of considering the environment; Second, laws and regulations are not comprehensive in the punishment of environmental crimes, and has fallen behind in the types of environmental crimes. Third, since our country is on the process of transform of society, economic interest overtops ecological interest. People chase the material possessions with great intensity, and the government or environmental protection authorities always give up the environment protection in the conflict of economic interest and environment and so forth. However, the environment crimes would be published and prevented carefully and flexibly with more and more environmental propaganda and the increasingly louder call of the law circles, and the intention of environment crimes would be arrested in growth. The present author gives an analysis of environment protection criminal statutes aiming to punish environment crimes severely arcading to the criminal laws and environment and natural resources laws, thus the nature could develop naturally and freely in harmonious with human beings. And the thesis points out the deficiency of punishing and preventing environment crimes, proposing to add or change the accusation of environment crimes, setting up special environment criminal laws; applying to the consequence presumption rule in an appropriate way, increasing measures of punishment and adding special recidivist system in order to knit a strong web of punishing environment crimes. Particularly speaking, for one thing, overawing the environment criminals relying on criminal laws; for another thing, preventing the environment crimes through all kinds of non-penalty strictly, such as, to compensate environment protection organizations or enterprises for ecology, to publicize the environment protection strongly, to promote the professional quality of law-executors, and to emphasize the importance of the subject of environmental law.The thesis has divided into four parts:chapter 1 introduces the basic theory of environment crimes mainly including the definition of environment crimes, the factors of conducting the environment crimes and the features. The chapter focuses on several representational views existed in the field of criminal objects and objective aspects (the harm behavior) in order to provide theoretical foundation to improve punishment methods of environment crimes physically. Chapter 2 mainly talks about the conduction situations of punishing or preventing environment crimes in all ages of our country, even in the abroad. It probes the defect of our environment criminal system in order to provide the reference of perfecting the criminal law. Chapter 3 aims to analyzing the punishment measures of environment crimes from different criminal theories for the purpose of discovering problems and the judicial effects and finding the deep reason, therefore, the perfection of environment criminal legislation and punishment intensity could have foundation in real life. Chapter 4 puts forward advice of improving the punishment measures of environment crimes from the above analysis and the author's insightful conclusion.