A Study On The Constitutive Requirements Analysis And The Criminal Law Regulation Of Environmental Crime

With the continuously economic development and the accelerating process of industrialization, there happens a series of environmental pollution and ecological destruction incidents. Haze weather makes it impossible that people can breathe the fresh air to survive and even makes people afraid of talking about "PM2.5";Water pollution makes people can’t drink pure water, data showed that seventy-five percent of the country’s water have different degree of eutrophication phenomenon; Vegetation destroy brings the whole ecological system imbalance, grassland degradation is improving the sandstorm frequency and severity; The animal and plant resources are disappearing for people’s hunting, maybe the next generation of decades cannot know that some species have been to the world; Earthquake, soil and water loss and a series of natural disasters happen more frequently in the case of environmental deterioration devouring our lives......These are all reminding people to stop our steps of development at the expense of the environment, reflect on the human’s every footprint. Nature is the foundation of the development, have we ever thought of what the consequences will be when we are keeping damaging the nature? The human behavior is destroying our home little by little, it is impossible to strengthen our environmental protection consciousness.Increasingly serious environmental problems are reminding us to pay more attention to our behavior, strengthen our environmental protection consciousness, develop a green economy. But someone are regardless of the overall interests driven by the interests of individuals. Increasingly serious environmental problems are reminding us to pay more attention to our behavior, strengthen our environmental protection consciousness, develop a green economy. But someone are regardless of the overall interests driven by the interests of individuals, in consequence,there happens a series of environmental pollution, and destruction. It is time to use law to regulate this behavior. Be different from civil and administrative law, the department of criminal law is one of the most coercive power, there have the modest and restrained principle in the criminal law, it can not be closely related to People’s Daily life. We tend not to use criminal law to regulate People’s Daily behavior in order to improve the efficiency of saving judicial resources. When using the criminal law to adjust a particular behavior, it seems that this behavior must be very terrible. Environmental problems are daily common problems, but when they are increasingly serious and developing to be a series of public nuisance sex crime, it must have put a serious impact on the survival and life of people. So we have to put criminal sanctions on the destruction of the environment.National environmental protection is widely from initially rely on civil, administrative law to adjust gradually transition to seek criminal law punishment for the destruction of the environment, so is our country. So it is unavoidable that we have to solve a series of problems, for example, the lagging behind of environmental criminal legislation, the incomplete charges system, strong administrative subordination of criminal law makes criminal law are not tough enough, it is not scientific to punish crimes, the incompleteness of the investigation for criminal responsibility and so on. We have to do much to improve our environmental criminal legislation.This article tries to conclude the experience of the foreign criminal activity legislation about the environment and the adjustments that our environmental legislation mode can make by the comparison and analysis of environmental criminal legislation at home and abroad. We focus on the elements of environmental crime constitution, the theory of criminal object, the objective form of the environmental crimes, the theory of causality and strict liability. We try to put forward to some suggestions of our environment criminal activity legislation constructive to improve the environment criminal activity legislation by analyzing of the progress and deficiency of our environment criminal activity legislation.