Research On Perfecting Legislation Of Environment Crimes

The environmental issue has become the world pay close attention to the problem of environmental pollution and destruction has brought incalculable negative effects to human survival and development. In order to protect human survival environment, the countries in the world through a variety of channels, and actively seek effective remedies to become one of the most powerful means of legal protection of the environment, criminal law, environmental crime also has become the countries in the world to protect the environment trend. The late start of the criminal law protection of our environmental problems, environmental criminal legislation from the1970s, until the provisions of the Criminal Code in1997have a special section of the Environmental Crimes. China’s environmental crime legislation constantly improve on the basis of drawing on advanced foreign legislative experience, but still inadequate domestic increasingly vocal on improving the environmental crimes legislation. Chinese scholars have done a lot of useful research in how to improve the environmental crime legislation, to form a unique environment theory of crime legislation.In this paper, to learn from the advanced experience of foreign environmental crime legislation, starting from the analysis of the status quo of China’s environmental crime, environmental crime basic theory, put forward suggestions and comments to improve environmental crime legislation. This paper consists of three parts:Part Ⅰ:Introduction. Some of the major environmental issues both at home and raised the urgency of environmental criminal legislation. Part Ⅱ:the body. That part is divided into four chapters:Chapter1:environmental issues and environmental crime. This section discusses the definition of environmental crime, the environment, and pointed out the seriousness of the environmental problems, focusing on the concept and characteristics of environmental crime. Chapter for the proposed the environment perfect crime legislation proposed the preliminary theory bedding. Chapter Ⅱ:foreign environmental crime legislative status quo. This section focuses on civil law and common law system several main representative of the status and characteristics of the national environmental crime legislation, and then discusses the status and trends of the international environmental crime legislation, to provide a reference for China’s environmental crime legislation. Chapter3:the legislative status quo of China’s environmental crime. That part of the legislative background of China’s environmental crime from the start, discusses the legislative process of the environmental crime, which a macro understanding of environmental crime legislation, and then focuses on the current Penal Code provisions on environmental crime, and classified discussed characteristics. Chapter4:China’s environmental crime legislation is perfect. The part of the previous three parts of foreshadowing, specific analysis of the existing problems in China’s environmental crime legislation, and targeted recommendations. Part Ⅲ:Conclusion. This part is a summary of the full text, and further point to understand the intent of this writing, and study the problem of important theoretical and practical significance.