Analysis On Efficiency Of Environmental Criminal Law

Analysis on efficiency of environmental criminal law is to analyze the efficiency of environmental criminal law. In this paper, in order to realize analysis on efficiency of environmental criminal law, "environmental criminal law efficiency" is extracted as the study object, and used as the research focused to study all aspects of the problem of environmental criminal law efficiency. Therefore, analysis on efficiency of environmental criminal law can becalled that environmental criminal law efficiency's analysis.Environmental criminal law efficiency refers to environmental criminal law's efficiency, is a legal status, in which the proportional relationship between environmental criminal law cost and income, allocates and utilizes the environmental criminal law resources, through running environmental criminal law mechanism within the scope of environmental criminal law purpose. To the nature, environmental criminal law efficiency is the legal status, the legal value and the self assessment criteria of environmental criminal law. To the classification, environmental criminal law efficiency from different angles can be divided into internal efficiency, external efficiency, total efficiency, average efficiency, marginal efficiency, high efficiency, low efficiency and negative efficiency of environmental criminal law. To the role, in legal values of environmental criminal law, environmental criminal law efficiency and environmental criminal justice have an unitary relationship. In operation of environmental criminal law, environmental criminal law efficiency specifies into legislative efficiency, judicial efficiency and executing efficiency, running the directing and evaluating function in this operation. In reformation of environmental criminal law, from the perspective of efficiency, the reformation process is a constant pursuit of environmental criminal law efficiency.Environmental criminal law efficiency has systemic characteristics. Its specific five elements include environmental criminal law cost, environmental criminal law income, environmental criminal law mechanism, environmental criminal law purpose, allocation and utilization of environmental criminal law resource. Environmental criminal law cost includes own cost, realized cost, opportunity cost and unnecessary cost. Environmental criminal cost is the starting point and measured standards of environmental criminal law efficiency, which mean while is the significance of environmental criminal law cost. Environmental criminal law income, through criminal responsibility and punishment of environment criminal law imposed the environmental crime, is the acquisition of a series of the legal and social effects in accordance with environmental criminal law purpose, including external and internal income. Internal income is internal legal effect from environmental criminal law's running, which can be divided into the legislative, judicial and executing income. External income is the useful social benefit which is brought about by the reduction or contain owing to the operation of environment criminal law, including economic income, social income, cultural income, political income and ecological income. Environmental criminal law income reflects the result of environmental criminal law efficiency, being an important basis for it's evaluation and height of it. Environmental criminal law mechanism is the function and structure in the environmental criminal law's process, including the legislative mechanism, judicial mechanism and executing mechanism. Environmental criminal law mechanism is the carrier to achieve environmental criminal law efficiency, and the power to control high or low environmental efficiency and enforce to achieve environmental criminal law efficiency. Environmental criminal law purpose includes direct purpose and fundamental purpose. The direct purpose is to prevent the environmental crime, and the fundamental purpose is to protect the benefit of environment criminal law. Environmental criminal law purpose is the dimension and measure of environmental criminal law efficiency. The gravity of which allocation and utilization of environmental criminal law resource is penalty resource that is all sorts of combined elements in criminal law owned by the state to punish and prevent environmental crime. Allocation and utilization of environmental criminal law resource is the meaning and depth of the environmental criminal law efficiency, ling in allocation and utilization of the penalty power to environmental crime.Achieving environmental criminal law efficiency needs two specific internal conditions:one is that environmental criminal law products can be effectively supplied; the other is that environmental criminal law income at least equals to environmental criminal law cost. At the same time, achieving environmental criminal law efficiency is also influenced by many external factors, including national environmental criminal policy, environmental criminal legal activity subject's quality, environmental criminal technology and environmental criminal legal concept.Take an example on environmental criminal law in China. Environmental criminal law in China has low efficiency. Its performance are: poor environmental criminal law income, low efficiency of investigating environmental crime, environmental criminal law product's demand exceeds supply, high environmental criminal law cost, environmental criminal procedural efficiency should be further enhanced, the environmental criminal law resource don't reach optimized allocation and utilization. China's environmental criminal law needs to improve efficiency. In the macroscopic idea, improving environmental criminal law efficiency needs:to maximize environmental criminal law income, maximize to reduce environmental criminal law cost, optimally improve environmental criminal law mechanism, have optimized allocation and make the most use of environmental criminal law resource, maximize to realize environmental criminal law purpose. And the specific measures is:make environmental criminal legislation timely to ensure the effective supply and reduce the time cost; perfect criminal procedure system to adapt to the need of environmental criminal lawsuit efficiency, which specifically includes: perfect environmental criminal filing system, perfect environment criminal trial jurisdiction system, improve the level of environmental criminal case's lawsuit cycle, implement liability of pat to the proof opposite place, introduce causality presumption into environmental crime; optimize configuration of investigation authority and prosecution authorityon environmental crime case; intensify the strength of punishing environmental crime to achieve the rational configuration of resource; improve the quality of environmental criminal legal activity subject; perfect environment criminal penalty system and reduce executing cost of environmental crime, it specifically includes:the scope of application of environmental crime fine penalty should be expanded, environmental criminal qualification penalty and Non-penal measures should be emphasized used; further deepen judicial reform and foster judicial efficiency concept; construct a scientific and reasonable evaluating index system of environmental criminal law efficiency.