Environmental Crime Constitutes A Study

The environmental problems have been threatening people's normal life and development seriously thus initiated the objective introspection on the relationship between human beings and the nature. On protecting the environment, the most compelling force is the criminal legal system. The strictness of the punishment on the environmental crimes will directly determine the tightness of the environmental protection. The essential of the strictness is how to deal with the environmental damages thus to protect the environment. The range of the punishment on environmental crimes would be decided by the constitution of it.There are both unified side and a side of conflict between the interest of humanity and nature. In fact, the environmental criminal law is a way which decided by the human beings while the contradiction between nature and humanity was emerged. Therefore, the thinking of the law-making body of environmental criminal-the human beings' subjectivity is inevitable. On the other hand, the value of nature itself can not be ignored, it is an important manifestation of human civilization, in the interests of humanity and the natural conflict of interest, the basic survival of human interests above the interests of nature and natural interests above human life non-basic survival interests.The object of environmental crime is a reflection of the nature of environmental crime, it must respect and follow the environmental ethics. Environmental Crime rigorous system of harmful behavior determines the degree of environmental effects. Environmental criminal law should be based on the different characteristics of various types of environmental crime system settings result of environmental crime committed, committed three acts of Dangerous structures and behavior. Environmental Crime Causation in the causation presumption rules should be adopted, but its application has limitations. Most of the environmental crimes unit in the production and operation of the implementation of other economic activities, so rational and effective units in the main body of environmental crimes investigated for criminal liability is significant. Subjective aspects of environmental crime to set the behavior to some extent determine the effectiveness of the imposition of penalties. China's environmental crimes of strict liability should not be present. Forgetting an effective way on punishing environmental crime, the potential damage crime should be considered while the criminal law was setting scale of the environmental crime.