The Perfection Of Legislation Of Environmental Crime From The View Of Risk Society

In recent years, environmental pollution is frequent. The pollution and destruction of environmental resources was a large degree of individual pollution incidents and even lead to more serious group events. Although a number of related laws and regulations have been formulated, but it did not play the desired effect. In essence, this is too much lag due to China’s environmental criminal legislation and does not lead to the formation of a complete system. Environmental criminal legislation of China is still stuck in this mode under the "pollution first, treatment later", but as "pollution first, treatment later" this concept in Western countries gradually move toward "bankruptcy", waiting for the pollution of the environment that damage to the environment but behavior to investigate the legal responsibility of the perpetrator is already too late. A lot of toxic and hazardous pollutants already causing damage to the environment, and the life and health of citizens have been subjected to threats. The emergence of "cancer villages" have already illustrates this point. Between damage to the environment in the short term is difficult to restore. It cause serious pollution of lakes and rivers, and even hundreds of years to recover, some time ago, the authority of the department pointed out that we do not take measures, the Bohai Sea will become the "Dead Sea", even if not to the input the Bohai sea a drop of sewage, only rely on the exchange with the outside world water recovery clean. It cost at least two hundred years. It is accurate to say that a lot of damage to natural resources has been unable to restore some rare species that has come to an end on Earth. Therefore, to take decisive measures to improve the environmental criminal legislation is imminent.System of China’s criminal law for environmental crimes is not mature, and a lot of damage to the environment, crime does not make provisions for the lack of strict liability as well as the relevant provisions of the Potential Damage. The constituent elements have been unable to solve the risk of social context problem of environmental crime. The environmental crime penal provisions lack clarity and targeted, effective punishment can not be carried out for different types of environmental crime. Perfect system of environmental crimes charges by the way of refinement and split already charges start. It is also necessary to supplement the edge of the original environmental protection, full protection of the environmental crime. For environmental crime evidence collection and the burden of proving that the problem of environmental crime rules to supplement the introduction of strict liability of perilous provisions of environmental crime in our country is too hard and not detailed enough. It lead to measures that is lagging behind, and missed many opportunities for preventive and remedial and should therefore be gradually refine and expand the scope of the potential damage offense to solve this problem. The environmental crime is property crime, and the punishment to increase property punishment is relatively more effective, for the confiscation of property and the use of fine play a preventive measure the effect to some extent.