On Punish Environmental Crimes Judicial Obstacles And Countermeasures

[Abstract] Environment is the material basis of human survival in the face of severe environmental problems caused by economic development, huge, hideous face of environmental harm caused by pollution, the introduction of criminal law for acts of human environment is extremely necessary to adjust to the environment protection and control of environmental pollution has become the consensus of the international community. For this reason in1972the United Nations convened the meeting adopted the recommendations of the Global Environment "Declaration on the Human Environment,*and proposed to the Criminal Code to punish environmental violations, environmental violations of criminal law to provide a legal basis for intervention.1992United Nations Earth Summit adopted the "Rio Declaration" and proposed to protect the environment as the center of "sustainable development" concept, then the rise of criminal law approach to control pollution of the world, countries are also formed on the criminalization of acts of environmental pollution, the penalty of Punish the trend, and this trend is becoming more severe.However, environmental crime, after all, the new law is interdisciplinary, how accurate and effective way to take the intervention of criminal law, environmental regulation of human activities, punishing environmental violations become criminal law research. Environmental crime and general criminal contrast, has its particularity, such as hazard range; harm serious consequences; judicial punish difficulties. Western developed countries, economic development, environmental crime legislation early start on environmental crime to punish judicial practice has a long history, has accumulated a lot of valuable experience to draw on science. Our Criminal Legislation environment relatively late,79years of criminal law does not require environmental crime, because at that time China’s economy is still relatively backward, the destruction of the environment pollution and resource is not serious is not prominent, and therefore did not use the criminal law to punish acts harmful to the environment. The revised Criminal Law of1997with a special section explicitly defines the crime of destruction of the-environment and resources protection, then the Criminal Law Amendment of the NPC Standing Committee and the Supreme People’s Procuratorate has issued relevant judicial interpretation. Although the Criminal Code of1997as amended provisions of the destruction of the environment and resource protection sin, but the relevant legal system is not perfect, imperfect legislation will inevitably lead to the judicial practice of environmental crime punishable obstacles."Criminal Law Amendment (h)" reducing the number of environmental crimes incriminate threshold, June19,2013the Supreme People’s Procuratorate jointly formulated and promulgated and implemented "on the handling of criminal cases of environmental pollution interpretation of the applicable law a number of issues." further clarify the environmental crime related charges that standard. However,"only law is not sufficient on their own," the law of life lies in the implementation of economic development in the face of major environmental pollution caused endless practice, judicial practice, especially in the case of environmental crime environmental crime case rarely. Criminal law to punish environmental crimes in protecting the environment there is a huge contrast with the demands of citizens, from the basic concepts of environmental crime is relatively analytic proceed through to environmental issues, carding status of the relationship between environmental crime, environmental crime criminal justice and environmental justice the assessment, program entities from two perspectives and summarizing of the judicial obstacles to punish environmental crimes, and finally put forward a sound judicial system to punish environmental crimes recommendations.By punishing environmental crimes judicial obstacle analysis, we can improve the program and deal with the substantive law to punish environmental crimes face justice obstacles to the smooth administration of justice, legislative implementation, dissemination justice, environmental protection, be enforced, and ultimately human beings and nature harmonious and sustainable development a reality.