Research On Environmental Criminal Responsibility Of Enterprises

Enterprise is an important subject of modern market economy, companies need to survive at the expense of the environment, resource costs at the expense of their contribution to social wealth, while inevitably produce a series of environmental problems. Currently, criminal enterprises polluting the environment caused by the increasing awareness of environmental crime calls for governance are increasingly high, how to take steps to maximize the realization of corporate environmental criminal, is of great significance for its research.Enterprise environment is criminal liability criminal enterprises unit caused environmental crimes. Its commitments with particularity the body, it is necessary to impose fines on the companies, but also charge and other directly responsible personnel of the enterprise responsible for punishment, the implementation of double punishment. Given the characteristics of its own environmental crime, criminal enterprise environment to achieve more suffering, complicated.In legislation, our criminal legislation on the business environment in the development, improve the stage, compared with developed countries, China’s legislature is still far behind in many places worthy of us to learn from. In judicial practice, due to imperfect legislative, judicial application specific cause some problems, limited penalties for corporate criminal fine one, and the lower the amount of criminal fines, penalties against companies responsible personnel, mainly in short-term freedom punishment, punishment is not enough, crime imbalances exist judgment and so on.Overall, the legislation and practice of criminal enterprise environment, there are some problems, specifically including the scope of main responsibility of legislation to be clear, unscientific definition of criminal object, the lack of the related provisions Perilous causality method could be improved, single types of penalty measures, free punishment is set too low, fines criminal penalties playful.In this regard, we need to take certain measures to improve our corporate environmental responsibility. First, we must correctly define the scope of responsibility of the main corporate environmental crime in legislation, the second is to redefine the business environment for environmental criminal object of Criminal Law, Third, subjoin related provisions Perilous, Fourth causation presumption should be used, through the creation of five qualifying criminal improve and focus on non-penalty sanctions applicable to improve the penal system, six specifically including penalty efforts to improve corporate environmental crime and increase the amount of fines penalty enterprises.