On Criminal Mechanism For China’s Environmental Protection

Accompanied with industrial development, environmental issue hasnot only captured the public attention but also become a major threaten tothe survival and development of human beings. Faced with the menace,people adopted legal measure to solve the issue and it works. The CriminalLaw is the last ditch, which is obliged to take responsibility when other lawdoes not work. According to the particularity of the environmental issueand the relationship between the Criminal Law and the Administrative Lawof environment, the environmental protection system on the Criminal Lawshould be sited under an overall organizational perspective. And the studyon this system should be in a comprehensive and active way. However, dueto the defective protecting system, current criminal punishment toenvironmental crimes is clearly weak. The truth is that current CriminalLaw cutting on ice, the Criminal Law of Environment performingparticularly no function, the criminal justice is imperfect, and the judicialauthority abusing their power. It is the following reasons that generated theabove defects. First, the ism of centering on human beings has taken root.Second, in China, the jurisdiction is adhered to the administrative authority.Third, unprofessional judicial staff is incompetent to perform their duty.Based on deep analysis of the factors that generated the issue, the authorproposed the following advices. First and foremost, we should change ourrecognition on the environmental crime. In the second place, theconception is utmost importance for the improvement of legislation in theCriminal Law of the Environment. Therefore, the legislation conceptionshould emphasize the value of the Criminal Law and the EnvironmentalLaw. In fact, the ism of centering on human and environment shouldbecome the legislation conception of the Criminal Law of Environment. There is no conflict between the value of modern law and the passivism ofthe Criminal Law. Thirdly, enhancing the criminal justice of environmentlies in the change of conception and strengthening the performing of law.Last but not least, the authority should try their utmost in improving theaptitude of judicial staff. Professional and trained personnel should berecruited and become judicial staff. Those staff may deal withenvironmental crimes should be trained strictly. In order to perform law inhigh efficiency, the cooperation between judicial organization andenvironmental protection authority should be enhanced. Improvingenvironmental protection system on the Criminal Law and balancing theeconomic development and environmental protection are quite a positiveway to achieve a sustainable development for both of human beings and thenature.