Studies On Problems Of Criminal Liability For Environmental

The environment problem has become a hot issue in the world, and the use of environmental criminal law shall be investigated for criminal responsibility in environmental crime behavior person to become a general consensus. Therefore, most countries in the world gradually expand the environmental criminal law legislation and perfect the work, made a hitherto unknown effect. Due to the economic development level of China’s restrictions, in the early stage of socialist. Therefore, according to the need of environmental protection of our country reality, formulate laws and regulations to meet the conditions of the field of environmental protection, the environmental legal protection to protect the smooth running of the socialist market economy, at the same time, do a good job of environmental protection. China is "countries signed the United Nations Framework Convention on climate change" and "Kyoto Protocol", will be based on the situation of China’s economic and social development seriously fulfill the commitment to environmental protection, to enable more countries to join self-consciously to reduce greenhouse gas emissions, protect the homeland of mankind. But the "general principles of civil law","environmental protection law" and other laws and regulations are not sufficient to maintain our country be wanton destruction of the environment, it becomes extremely urgent and criminal law in environmental protection. The research on environmental criminal liability and perfection of criminal law is to protect for the stronger our living environment, promote the sustainable development of the economy, enhance the international competitiveness of our country and make due contribution.The criminal law as the most powerful protection of environmental crime, how to play to play a maximum of punishing and preventing function of environmental crime, has become the focus of scholars all over the world. In this paper, from the external environmental criminal liability related research situation, using the relevant environmental criminal liability theory, under the environmental criminal law theory, the responsibility of environmental crime in China is expounded, and puts forward the countermeasures. Is divided into five chapters, respectively, from the new requirements of environmental criminal responsibility in the era of low carbon economy environment theory, criminal responsibility of Britain, America, Germany, Japan environmental criminal liability rules, our environmental criminal responsibility and shortcomings and our environmental criminal liability perfect five chapters:The first chapter of the article, the severity of the world environmental problems, and of great significance to resolve the environmental problems of the present why the environmental criminal responsibility to solve environmental problems, the environmental criminal background, purpose and significance, and domestic and foreign research overview. In the second chapter, introduces the concept and characteristics of environmental criminal liability, the nature, function, and discusses and analyzes the way to bear.The third chapter of the article, of the present environmental criminal problems are discussed, including the capacity of criminal responsibility of environmental defects, deficiencies and existing problems of the imputation principle.In the fourth chapter, elaborated on the relevant provisions of environmental criminal responsibility in advanced countries, Britain, Germany, Japan and other USA environmental protection, this paper introduces and analyses the characteristics of the environmental criminal responsibility, through the comparison and analysis to improve the environmental criminal responsibility in China what can be used for reference.In the last chapter, focuses on environmental criminal responsibility system of our country and improve the environment for criminal responsibility and the non penalty method improve the content and so on.