Research On Penalty Distribution For Environmental Pollution Crime

After decades in spite of the environmental conditions into the accumulation of economic development, leading to malignant environmental events happened frequently in recent years, It’s almost close to the environment under limit point. In the short term,the major environmental pollution incident continue to occur, such as: the recent reported "blood lead" in Hunan province, the cancer villages events in Henan province, the city of Beijing air pollution, etc. This environment contamination concentrated outbreak is the result of the environmental problems accumulated over a long period, due to environmental pollution crime punishment is lighter, although the criminal caused harmful consequences is very serious, hardly be shall be investigated for criminal responsibility or light, be investigated for criminal responsibility and light, and the causal relationship is more difficult to identified. That makes the criminal don’t care criminal law any more. The penalty system of the imperfect impedes the development of penalty function, which makes the poor efficiency of criminal law. Pollution of the environment should be brought into the criminal law, the final purpose is to apply the penalty. Legislation is the first step to the criminal punishment, imperfect legislation will be difficult to play to the role of the criminal law, achieve the desired purpose. Therefore, this article mainly discuss the problems of environmental pollution crime punishment legislation perfect so that in favor of the legislation.The full text of about 27000 words, in addition to the introduction and conclusion, main body is divided into five most:The first part, the environmental pollution crime summarizes the main characteristics, most of the environmental pollution crime is greedy for profit, the larger the proportion of unit crime, the severity of the consequences of the crime, and environment can repair, and make the necessary explanation for the characteristics and provide the basis for perfecting this crime punishment configuration.The second part, discusses the requirement of environmental pollution crime punishment configuration, it includes the general requirements of concrete of the configuration of penalty and the special requirements of environmental pollution crime. Environmental pollution crime punishment of the configuration of the first subject to punishment of crime prevention and restoration of the realization of the environmental goal, second configuration to abide by the principle of punishment to adapt to the basic principle and economy principle, configuration on the legislation technology to rigorous punishment again in order to realize the diversification of punishment and the principle of adaptive requirement, finally the distribution of environmental pollution crime punishment to consider about the crime characteristics to make punishment configuration has more pertinence and effectiveness.The third part, by summarizing our country criminal law crime punishment of environmental pollution expounds the deficiency of current rules. Details are mainly from four aspects: backward of concepts legislation, focusing on punishment for crime and ignoring the environmental recovery; less of Punishments; Freedom penalty lighter; Way provisions shall be applicable to the fine punishment and amount of the fine punishment more general.The fourth part, on researching the outside environment crime punishment legislation and using for reference. This part of comparison analysis and induction of abroad, China’s Taiwan and Hong Kong environmental crime punishment legislation is analyzed, a comparative study. Finally, from the legislation idea, punishment system and punishments, etc, analyzes the outside environment advantage on the punishment of crime legislation, take its essence to reference.The fifth part, the paper puts forward the improvement of the environmental pollution crime punishment, according to the above analysis, and the configuration of criminal penalty for extraterritorial legislation experience for reference, respectively from the improvement of penal legislation idea, increase punishments, such as qualification penalty configuration, improve the freedom penalty, perfect the fine punishment regulations to modify the punishment of configuration and control of environmental pollution so that making light of configuration is more advantageous to realize the purpose of penalty.