On The Perfection Of The Criminal Legislation Of Environment Crime In Our Country

In recent years, the development of economic speed of China has increased rapidly, but withthe rapid development of the economy at the same time, our environment pollution and resourcedestruction problems will be highlighted. To solve the problem of environment that continue toworsen and environmental crime, we must have the rule of law as guarantee, especially the criminallaw as the basis, otherwise it is difficult to punish environmental crime effectively. In1997, thecriminal law revision and amendment of criminal law (eight) was brought in our country where itset a series of laws and regulations to protect the environment and promote the maturity ofenvironmental criminal law. But there is still a shortage in our country environment criminallegislation. The specific displays are as follows: the problem of environment criminal activitylegislation idea, the narrow of environmental protection of criminal legislation and the fuzzy ofenvironmental requirements of the crime, etc. These problems have seriously restricted andinfluenced the environment crime punish effect. Improving our country’s criminal legislationenvironment is imperative.This paper firstly introduces the basic situation of the environmental crime, and then analyzesenvironment criminal activity legislation pattern of many countries such as Japan, Germany, Britain,the United States and other advanced countries. Though above measures, the author summarizes theexperience of the environment criminal activity legislation which can be referenced by others andconcludes the drawbacks the current criminal legislation environment of our country combiningwith the actual situation in our country. To improve the environment, the author puts forward somesuggestions in the criminal legislation, that is, we should improve our country’s environmentalcrime criminal legislation idea and set up the opinion with the character of ecological justice,sustainable development and the harmonious relationship between human and the nature. Besides,we are also encouraged to perfect our country environment criminal legislation system and toimprove environmental crime constitutive requirements. What’s more, in the environment crimeinto strict liability principle, we are required to increase the risk to make rules and regulations ofunit crime punishment and to improve the environment of the crime punishment configuration.Meanwhile, we must highlight the application of fine punishment, strengthen environmental crimepunishment and expand the environmental criminal law protection scope. At last, we’d better addand use the new qualification punishment and pay attention to measure of non-crime punishment inenvironmental crime.