| The mid-twentieth century, and the modem industrial civilization in the creation of world civilization also brings a series of environmental problems, the world increasingly serious ecological crisis. The20the century21century, human society by industrial civilization gradually moving towards the ecological civilization. Ecological civilization in legal ecological into security, it will set up in the traditional development mode of the current law on a tremendous impact. Have been since, our country in mineral resources development in the process of there are many serious problems, this not only make mineral resources should not have suffered damage and waste, also increased in some places the environmental pollution, and even serious endanger the local people’s health and safety, also have been threatening to China’s economic and social sustainable development.Social transformation must cause system change, the national superstructure was an important part of the legal character, nature will also to adapt to the social transformation and make corresponding changes. The modern world has one thing in common, is trying to pass laws to realize social transformation. So for social transformation is concerned, the law has become an indispensable tool. Social transformation is economic, social and environmental integrity development, from the tradition to the modern transformation. According to the connotation of social transformation, it is easy to see its and sustainable development view a natural consistent unity. Sustainable development is the economic, environmental and social in the overall development. In the push of the concept of sustainable development, the construction of legal system requirements in sustainable development as the starting point, the concept of sustainable development into the legal system. The sustainable development of the construction of ecological civilization is the criminal law under change to the objective requirement of the criminal law.This paper is divided into four parts, mainly from China mining criminal legislation evolution of legal system construction, based on all the different historical period of criminal law as promulgated by the mining foothold, introduced and summarized in foreign criminal legislation present situation of mineral resources and reference, on the basis of criminal law amendment (eight) to analyze the provisions of mineral resources, and points out that the concept of sustainable development of the preliminary reflect. Combined with the social development, standing in the point of view of social transformation, and points out that the criminal law amendment (eight) of the mineral resources protection existence deficiency, the paper puts forward the concept of sustainable development as the legislation, the ecological civilization penetration to the mineral resources in the criminal legislation, protection of the mineral resources of criminal law regulation proposed own perfect plan.The first part of the analysis method in history, by the China of minerals resource protection criminal legislation history as the base point, were reviewed and summarized the ancient, modem and97amendments to the criminal law of the mineral resources to protect the legal regulation. At the conclusion of the basis of the review, and points out that each period mineral resources protection criminal legislation defects and deficiencies.The second part to Japan, the United States. Russia. Germany as an example, introduces the present situation of mineral resources criminal legislation. And summarized and analyzed the mineral resources at home and abroad on the basis of current situation of criminal legislation, and points out that the mineral resources of foreign criminal legislation of China mineral resources protection of criminal legislation favorable reference.The third part is mainly to the criminal law amendment (eight) the mineral resources crime changes discussed, in the form of form, the analysis to the old and new criminal law amendment on mineral resources the rule of crime and contrast. Then, according to criminal law amendment (eight) the mineral resources in the protection of the embodiment of the concept of sustainable development to refine. Among them separately from the revision background. the criminal policy of tempering justice with mercy and modify specific content three Angle that criminal law amendment (eight) in this social legal system context came into being. and is the social, economic, political and so on various aspects of the development of continuous, whole call.The fourth part, mainly from the two aspects of the concept of sustainable development, the criminal law amendment (eight) the mineral resources in the relevant regulation of the crime and think. The first hand in sure the concept of sustainable development in mineral resources protection of criminal legislation in the implementation at the same time, points out its still exist some problems, still having further perfect space. In the second place in view of defects, combined with the development of the concept of sustainable development, and puts forward the corresponding measures to improve. |
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