The Implementations Of Environmental Criminal Responsibility

Countries around the world begin to use the criminal law in environmental are a in order to protect the environment, and to punish criminals. Due to historical tr-aditions and geographical differences, each country has made pertinent measures to punish environmental crimes based on their characteristics. The provisions on enviro nmental crimes of environmental criminal law in different countries are with their own features. International environmental criminal law has not yet been unified. With the development of industrialization, individuals and enterprises are purchasing huge economic interests at the expense of the environment. Therefore, various envir onmental crime of new forms are emerging and the implementation limitations of the existing environmental responsibility are exposed. And with the internationalizati on of environmental crime and ecologization of environmental protection way, it is necessary to make a horizontal comparison on the means by which different countri es undertake national environmental criminal so as to seek integration points, to grasp the trends of the realization of international environmental criminal responsibil ity.All these will provide reference and selection to China's diversified environment criminal system.This paper respectively expounds the definition, categories and trend, etc of im plementations of environmental responsibility. The paper points out that implementat ions of environmental responsibility are various concret measures for investigating offenders' responsibility.The implementation of Environmental criminal responsibility can be divided into criminal-penalty way and non-criminal-penalty way. The paper also reveals the overall trend of light punishment in the realization of environmenta 1 criminal liability. From the provisions of legalization and judicial execution, this paper makes a comprehensive analysis on the implementation of environmental crim inal liability among China, Germany, Japan, the United States, UK and other major countries. From the comparison, this paper reflects four weak points of environme ntal liability system in China. Firstly, the pattern of punishment on environmental criminal is single. Secondly, the imputation principal of environmental crimes is sin gle. Thirdly, preventive function of criminal penalties on environmental fails. Fourth ly, the imputation principles of environmental criminal responsibility are improper. Based on the understanding above and the advanced experience from abroad, this paper puts forward methods to consummate the system of diversified environmental criminal penalties in our country. Firstly, the structure or frequency of use of tradi tional penalty should be adjusted, including the choice and applicability of death pe nalty, structure adjustment of freedom penalty, general applicability of property pena lty and the addition of qualification penalty. Second, non-criminal punishments shoul d be introduced to sanction environmental crime. The concrete methods can be dea dline governance, charge of remediation and community corrections.