Research On The Rules And Regulations On Damaging Environment Behaviors In The Criminal Law

Environment is the basic condition of human survival, which is the basic requirement of social sustainable development. However, in the process of industrialization, the increasingly serious environmental pollution and destruction threat people’s survival and development. Both countries of Continental law system and countries of Anglo-American law system have carried out a lot of environmental criminal laws. Because of a long period of legislation, the environmental laws in Continental law system have almost fulfilled every area. For example, Germany, protecting environmental benefit, has recognized the value of environment. There are three types-conduct crimes, perilous crime and abstract perilous crime-in German criminal law. The German environmental criminal law doesn’t punish the legal person, but it punishes the relative person. Environmental criminal law of Anglo-American law system is affiliated to the environmental administrative law, which applies to the principles of common law and special criminal law. Britain, for example, pays much attention to protect the environmental benefit, which almost punishes all kinds of acts of endangering environments. Both strict responsibility principle and perilous crime are applicable to German environmental criminal law, so it could prevent environmental crime efficiently. Compared with other countries’ criminal law, Chinese environmental criminal law has some shortcomings, such as legislation idea, system of accusation, punishable range and system of punishment, although we have set special part in Criminal Law, which is not effective to punish this kind of behavior. Based on the analysis of native law and foreign law, this essay focuses on the perfection of Chinese environmental criminal law in legislation area.