Law And Economics Analysis Of Environmental Pollution Crime

According the theory of criminal economic, any kind of crime needs pay a certain cost. The cost includes many aspects, such as the cost of economic and social factors. The cost must make output,so rational crimes must have expected for the consequences. The expectation includes the purpose of implementing the criminal behavior and the punishment.For the crimes that have the purpose of obtaining property interests,the expectation of punishment will directly affect the sins and the degree.Environmental pollution crimes will especially pay more attention to the punishment of their behavior, in most cases their behavior of implementing environmental pollution is to reduce the spendingand the cost, improve the profitability.So each pollution environment crimes like a meticulous accountant, according the returns and the punishment ,they constantly measure the cost and the returns of implementation the environmental pollution crime. At present the environmental pollution laws and judicial interpretationour of our country have provisions of pecuniary penalty and imprisonment. But through the analysis of the existing practice cases we can find that pecuniary penalty of environmental pollution crime is largely as a symbolic punishment measures, so environmental pollution crimes haven't consider the pecuniary penaltys when they implement the behavior.The most concerned for them is imprisonment.The social harmfulness of environmental pollution crime is extremely enormous. Some damage of the ecological environment is even irreversible. Although the crimes have been punished, most of the cost needs the courtry to expenditure .To some extent,we can say one crimes, the whole society or global buries the list. Through the law and economics analysis of rnvironmental pollution crime, we can clear find rational configuration of imprisonment and property, and to raise the penalty punishment uncertainties and timeliness of effective prevention and punishment of crime of environmental pollution have a vital role. The method of economic analysis can help us from another point of view to examine our current penal system .In the face of environmental pollution crime, each cost shall be reasonable distribution in order to be optimal combination of imprisonment and property, .Only in this way,we can make the punishment to maximize efficiency.