The Appliance Of Fine Penalty In Enterprise Environmental Criminal Penalties

With the accelerated process of industrialization, human’s over-exploitation and use of the environment become more and more serious. The consequences make human realize the importance of environmental protection which brought by environmental damage, the environmental criminal has resulted. The enterprise is the most important subject in environmental crime, whose damage to the environment is more than human’s. Because the enterprise is a legal fiction subject as a unit, the penalties are surly different from the human’s, only fine penalty and confiscation of property could be used on it. As the enterprise environmental crime is a kind of Menthods Crimes, adding the mount of fine penalty is the same with adding the cost of enterprise crime, which could contain the enterprise environmental crime fundamentally. So from the subject, subjective aspects, object and objective aspects, we could find that fine penalty is the most applicable of enterprise environmental crime’s punishment. The topic about the appliance of fine penalty in enterprise environmental crime is concerned all over the world. With the analysis of our nation’s legislative and judicial present situation about the appliance of fine penalty in enterprise environmental crime, we have got a conclusion that the appliance of fine penalty in enterprise environmental crime has some problems:emphasis on freedom penalty more than fine penalty, the scope of fine penalty is too narrow, the amount of fine penalty is not clear, the implementation of fine penalty is too difficult. And compared with the representative foreign nations--Germany, Japan and American, which experienced of environmental governance, this research try to find the common and differences, and summary four countermeasures about how to consummate the appliance of fine penalty in enterprise environmental crime-reduce the appliance of freedom penalty in enterprise environmental crime, expand the appliance scope of solitary fine penalty, clear the standard of the fine penalty and consummate fine penalty’s enforcement mechanisms.I hope this article could have some help on strengthening our system of the fine penalty in the enterprise environmental crime, we should intensify the crackdown to contain it fundamentally and protect our survival home!...