The Analysis Of Adding Negligence Dangerous Crimes In Criminal Law

In the modern era, the environment pollution, terrorism and political corruption are known as the three major of threats facing humanity in the twenty-first Century. In the aspects of environment, droughts, floods, air pollutions and other issues have increasingly become the hot points and drawn people’s attention. But at present in our country, the act of protect environment works mainly through the Environmental Protection Law and Water Pollution Prevention Law. Seeing from the rapid development of advanced social and economic trends, these two kinds of law have already far behind the practical needs of environmental protection practice. Demand promotes the possibility of development and changes. First of all, I do deem that ministration department laws and other laws cannot fully achieve environment benefits, so that it is necessary through the criminal laws to protect environment. Secondly, it is an inevitable trend to add regulations items about negligence action in dangerous crime. The above two points are determined by the comprehensive factors in theory and practice.And whether in ancient China, or in developed countries, today’s Germany, Japan, Britain and USA already have some environmental crimes items in the provisions of the dangerous criminal negligence, it also provides reference to improve the legislation in our country, we should also learn from the advanced legislation to improve the current criminal laws, to protect the social relationships in a better way. China’s criminal law scholars on whether we should set up the reference laws on the environmental crime or not have different views, also including some dissenting opinion, but I think the laws involved in China’s current criminal law sixth chapter of obstructing the administration of public order crime in the sixth section, the environment pollution crime, illegal disposal of imported solid waste crime charges of provision still exists some loopholes, because there is no negligent dangerous crime patterns of behavior rules, which cannot fully protect environment interest.This article begins with the unique characteristics and basic principles of environmental law, considering the strictness of the criminal law and environmental development of the nature and other aspects, expounds the necessity of adding the dangerous criminal negligence in the environmental crime and discussing the content of involuntary dangerous crime, adding no value and provisions, the unpremeditated crime criminal in the behavior and consequence without value theory, and the German and Japanese criminal law scholars have put forward the principles of trust and the allowed danger theory whether there is conflict zones, or finally discusses the feasibility of.Finally, for environmental crime in the criminal laws this paper also put forward specific legislative proposals, such as the basic principles of criminal law should be based on the provisions of the unity of subject and object to make punishment measures to adapt to the penalty and the negligent dangerous, find some specific charges need to add this pattern of behavior, also called for the establishment of a cover of the involuntary dangerous crime content multiple environmental criminal penalty system, and choose some protective measures to improve environmental crime content, such as adding qualification penalty, limiting the qualifications punishment type etc..Only through these methods, can it reach the Northern Song Dynasty moralist Zhangzai point of environment view about "the unity of heaven and man". Only achieve the full respect for the natural environment, and actively protect environment, improve the premise to develop in the environment itself in many human lives aspects. Only make the two ultimate harmonious combined, can we reach on the correct road of development and achieve a free breathing living condition.