Our Country Environment Criminal Policy Research

Since the reform and open policy, our government has realized to the importance of environmental protection, has adopted a series of legislative and judicial measures to strengthen environmental protection work, issued a large number of environmental protection laws and regulations, and in particular by environment criminal legislation, criminal justice policy to protect the environment, the environmental protection work is into the comprehensive legal system, scientific orbit.Environmental criminal policy is a national or the ruling party by means of legislative, judicial and other criminal policies to protect the environment. From ethics, on the basis of environmental criminal policy should promote the modern socialist ethics or some nonhuman the socialist ethics, reflect the thought of humanism and non-human this doctrine. Criminal policy environment can be reflected in the relevant ministries and commissions of the party and state leaders, leaders of reports, instructions, can also be reflected in the party central committee and the state council jointly issued a resolution, notice, called on, there are directly reflected in countries promulgated laws and regulations. We believe that the content of environmental policy in the environmental regulations is the most important, the most basic and most effective policy, the criminal policy environment and vice versa. Among various kinds of legal norms, the criminal law is a powerful weapon against environmental degradation. In our country criminal means also highlights its features to in environmental protection, environmental criminal legislation policy is reflected in the various laws and regulations and documents. Our country environment criminal activity legislation policies are studied in this paper from the environmental criminal legislation of the initial establishment stage, environment criminal activity legislation development stage, the continuous improvement of the environment criminal activity legislation stage this three parts to elaborate. Research in our country environment criminal justice policies mainly are discussed from the judicial interpretation and judicial operation. However, Our country environment criminal activity legislation, judicial policy still exist all kinds of problems. Environmental criminal legislation policy value orientation on the legislation on the bias of humanistic value, desalination nonhuman socialist value; Environmental criminal legislation to protect the legal interests range is narrow; Environmental criminal legislation did not reflect the prevention function of criminal law. Ineffective against environmental crime in the justice; the phenomenon about "crimes are committed with impunity" is very serious; lack of strength in the justice. Policy in order to solve these problems, draw lessons from foreign legislation and judicial policy, practice experience, in the policy of the environmental criminal legislation and judicial, respectively, to reshape the environmental criminal legislation policy idea, promote the modern socialist values, abandon traditional humanistic thought and expand the scope of protection of environmental resource law benefit of criminal law, to determine the dangerous crimes in environmental criminal legislation of the crime form; Establish special environment of criminal justice institutions, strengthen environmental measures such as the guidance of criminal judicial interpretation. It should cause the attention of China’s legislative and judicial practical departments.