Criminal Law Control Of Transboundary Movement Of Hazardous Wastes

Transboundary movement of hazardous wastes is a transportation behavior a country uses vessels, vehicles, aircraft and other transportation means to transfer hazardous wastes and other wastes, which is set in Basel Convention and other international conventions or agreements, from a country's national jurisdiction to another country's national jurisdiction directly, or to transfer hazardous wastes and other wastes to other countries through a third country's national territory or territorial sea, except for transfer to the destination country directly through the high seas or transfer from one country to the high seas etc. public territory. It has transnational or cross-regional, environmental injustice, legal regulation, trade association and other characteristics. Hazardous wastes into other countries by the way of transboundary movement, rather than handle through effective and safe manner in producing countries, will cause water,soil,air and many environmental factors pollution to other regions and countries was transferred, cause damage to human health. While its happen has economic, legal, social and other various reasons, shown in all countries' especially developed countries'increase in waste generation, the gap between developed and developing countries'environmental laws and regulations, weak sense of environmental protection in developing countries, differences in waste disposal costs, The existence of the legal waste trade etc. several causes. Transboundary movement of hazardous wastes carry on the Criminal Code control means use specification means of the Criminal Code, to adjust and monitor such social transboundary movement of hazardous wastes behavior, to correct those unreasonable and illegal links in it, to make it go forward along the intended environmental protection targets and the purpose of the international environmental justice. The ultimate goal of using the Criminal Code means to control the transboundary movement of hazardous wastes is to use such more strict laws, to make this behavior reduce gradually, to realize the sustainable human development and intergenerational equity ultimately. Externality theory in economics, theory of Environmental Rights in law and Ecological theory of justice, systems theory in sociological provide the theoretical basis for the control of the transboundary movement of hazardous wastes using the Criminal law. Our country provides four criminal charges related to the transboundary movements of hazardous wastes. From the four criminal charges studies we found, there are some problems in the criminal legislation of our country, such as the object is inconsistent, there is no specific criminal provisions of hazardous waste, accomplished standards are not uniform, lack of set dangerous criminal, provisions of criminal behavior is not fully, unscientific with criminal system etc. And it is the more perfect part to control the transboundary movement of hazardous wastes criminal in the international community. Therefore, the legislature adjust for the related legislation of transboundary movement of hazardous wastes in China, can learn from the experience of the international community, to supplement and improve in crime object, dangerous settings, accomplished standards, criminal behavior, criminal system etc.aspects.