| The environmental problems of China are more and more serious, so is the environmental crime.According to the water assessment results of Water Resources Ministry in 2007 about 100000 nationwide river about 700 km long showed that: 46.5% of rivers had been contaminated, 10.6% of rivers had been seriously polluted and the water body had lost the use of value. Desertization had made our arable land declined in the speed of 7 million to 8 million acres per year. Nearly 60 percent of cities had been facing water shortages, this had been more severely in the western region. Since 1997,the Criminal Code set a special section to stipulate environmental crimes until now thirty years has passed. Environmental crime has been brought under control. Although the theory of environmental crimes at home and abroad has been variously carried out, but there are still flaws in the environmental crime legislation. In the article, I use comparative study to analyze Japanese and Chinese environmental crime legislation patterns and combine macro and micro perspective. This text not only puts forward Chinese "Criminal Law" to be perfect on the environmental legislation model but also analyses advantages and problems of Japanese criminal law in environmental crime legislation model. We hope this will benefit our criminal Legislation of the environment.The article body is divided into four parts:The first part,the environmental legislation model overview. This part describes legislation mode overview,the significance of the comparative study of environmental crime legislation mode, the concept of environmental crime and the relationship between environmental crime and ecological ethics and so on.The environmental ethics is important to guide environmental legislation model. The anthropocentric ecological views that man is the subject, but nature is the object. It pays too much attention to the interests of humanity, while ignoring the natural values. The ecocentric environmental ethics emphases on equality between human and nature so that weakens our protection nature for the purpose of human development.Both have limitations and shortcomings. In contrast, the environmental ethics between man and nature in harmony on the basis of the sustainable development combines the advantages of the both claims and it makes up for its lack with greater rationality, so it should be our ecological ethics for guiding the legislation model of environmental crime.The second part, the environmental legislation model with macro comparisons between China and Japan. In China, the Penal Code is the main power for regulating environmental crime, while Japan was constructed with the environmental crime legislation and control system of the Penal Code, the Penal subsidiary and the single criminal.By comparing the history and reality of the environmental legislation model between China and Japan,we can explore deeply the reason which resulting in the differences in the macro-environment legislation model.The third part, the environmental legislation model in microscopic comparisons between China and Japan. Constituent elements of the crime has three parts : the charges, the guilt and the legal punishment. In the charges, the country belonged to the judicial interpretation charges setting mode, while Japan is express legislative mode. By comparison, the article argues that judicial interpretation setting mode of the formula charges is only temporary, the express-style charges legislation model is the trend of development. In the guilt, the guilt of the blank legislation mode in China and of the stating counts in Japanese criminal law form the contrast. Both have their advantages and disadvantages, From the perspective of the improvement of legislation, both sides should learn from each other..In terms of legal punishment, by comparing the status and setup mode of the freedom punishment and penalty punishment, especially the magnitude of freedom for setting punishment, the article argues that only the punishment meets the principle of legality and adapt to the country’s criminal policy; For criminal fine, the article proposes to improve our unlimited fine setting mode, we can refer the date penalty and limits the amount of penalty system; in addition, for environmental crime in two counties, the punishment did not set the qualified and non-punitive measures, and the both has a major role to combat environmental crime. This paper suggested that both countries should learn from other countries to add the qualification penalty and non-punitive measures.The fourth part, the inspirations of environmental legislation model in Japan and China, the comparative study aiming to learn from each other. With the macro and micro views, there are some worth learning places about Japan on legislative model of environmental, but we also need to pay attention to overcome its limitations; our model legislation on environmental crime is not nothing, so there can be funded learn from each other. For the limitations of both,both need to learn the director of his country in a broader perspective in order to promote the common development and progress of the Environmental Crimes Legislation between China and Japan. |
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