Study On The Non-penalty Measures Of Punishing Environmental Crimes Of China

With the development of human civilization, environmental issues has been taking shape, and itbecomes a new challenges of human social modernization and development, nowadays, people attachgreat importance to this issue. The penalty and non-criminal penalties are main environmentalresponsibility for offenders, and the penalty has irreparable defects, therefore, above of both have beenused together for preventing and punishing environmental crimes. The environmental non-criminalpenalties is a method of prevention and punishment of environmental crime, which is premise thatmeets the constitutive elements of crime to criminals and including education sanctions, civil penaltiesand administrative sanctions, through using the measures of non-penalties to punish the perpetrators, itcan achieve the goal that makes up for the flaw of penalties, prevents the recurrence of environmentalcrime and restores the damaged environment.For the environmental crime, many foreign developed countries have already started activelylooking for appropriate sanctions, and some foreign developed countries have been gradually exploringmore systemic and detailed non-penalty sanctions under the trend of the reform of world criminal law,such as Germany, Brazil and other countries of the non-penal punishment method providesenvironmental crimes in detail. Compared with foreign countries, in our country the non-penaltypunishment of environmental crime lacks types and content, in addition, there are many problems in theapplication such as the legislation is lack of standardization. Therefore, our country need to learn fromforeign advanced experience in legislative and judicial, and speeding up the perfection of system ofnon-punishment method in the environmental crime, which enables it to better play their role forpromoting the recovery of natural environment.Environmental crime of non-punishment methods are effective to a certain extent make up for lackof penalty functions, and break the chains of severe penalty, it is the production of doctrine ofretribution-oriented punishment and purpose theory of punishment, not only reflects the criminal policyof temper justice with mercy, but also in line with the world trend of criminal law reform. Because ofdifferent legislative models and legislations in other countries, in this paper, combined with relevantlegislations and analysis of current situation that exists in non-penalty punishment of environmentalcrime in the our country, and it makes perfect suggestions from legislative concepts, principles, typesand application for non-penalty punishment of environmental crime.