On The Legislative Defects And Improvement Of Environmental Crime

This paper aims to describing the status quo of criminal legislation on environmental crime in China, to analysing the domestic environmental legislation for the study of criminal law,and make a discussion on the issue about the crime of environmental criminal legislation in China on the basic of it, then put forward a sound proposal.The article discusses detailly from three aspects of the legislation and improvement of criminal legislation on environmental hazard class crime. First, from the evolution and current status of criminal legislation on environmental crime in China, combining the study of criminal legislation status and results of the representative countries’ environmental criminal law abroad. In the inspect part of legislation idea abroad, the author make a discussion by combining the Ecological Ethics criminal content and criminal legislation idea and set out the current point of view existing domestic and overseas to analysing and research issues of environmental crime criminal legislation with a view by comparative method according to it. Secondly, did an analysis and research on the existing problems on the basis of elaboration of legislative concept, legislative model, crime system and punishment system of current Criminal Legislation of Environment in our country. This had included that the concept of Criminal Legislation of Environment is not reasonable under the articles of Criminal Law, putting the environmental crimes in the Criminal Law6:6had reduced the status of this kind of crime, our criminal constitution of environmental crimes was not perfect and analyzing our environmental criminal penalty system inadequacy in the aspects of stipulation in penalty principle and classification.Finally, on the basic of learning something of the reasonability and success from the foreign legislation of environmental criminal law, combining with our domestic legislation tradition, specific status and existing law level, the author should make suggestion of improvement on our domestic legislation of environmental criminal law. The suggestion should clear and definite the legislative concept that using the environment moral philosophies of the sustainable development to direct our environmental criminal law; based on using Penal code model to centrally formulated environmental crime, the advice was brought out that such Environmental hazards crime should be separated from our domestic penal code chapter6section6and dealt with in an independent chapter, extend our domestic environmental crime system and recent crime institution and drawing lessons from foreign successful criminal principle and classification, implement our environmental penalty system.