Research On The Governance Of Environmental Crime In Crimina Law

All three industrial revolutions in human history deeply influenced development process of Environment Criminal Law, improved its governance capacity for environmental crimes, formed its frame for modern society. However, the revolutions poorly effected Chinese society, because China has accomplished three industrial revolutions in a short time, the concept of legislation of Environment Criminal Law is too primitive to control Environment Criminal and to satisfy the need of withstanding risks emerged during deep transition period. According to a report of Chinese Ministry of Environmental Protection in March 2015, the tendency of environmental deterioration doesn’t improved, and the environmental problems are critical. For example, sixth farming land has heavy metal pollution, and the cost of recovery is more than a trillion RMB. Based on a worldwide survey, 7 of 10 most serious polluted cities in the world are belong to China, and environmental pollution exist in most Chinese cities now. However, the situation hasn’t been improved but more serious in 2015. Chinese government has already added the environmental criminal to Penal Law in 1997, but why the crime is more serious for now?Therefore, when legal processes of civil procedure, administrative procedure and penal procedure can’t work in such a context, we must learn and research the concept and structure of environment protection from developed countries, adjust the legislation which are relative with environmental criminal, restructure the frame of the legislation. Then we can accomplish the transition process, and make the environmental crime law effective and efficient in a big way.In this paper, starting with the conception of environmental crime, analyzes the definition and value of environment criminal law governance.Then briefly introduces the environmental crime criminal law of main developed countries in the world two big legal system,summarize the inspiration from the research status of governance in the criminal law, analyzes the present situation of environmental crime criminal law of our country,and describes the shortcomings of the existing.Finally, using the method of comparative study,with reference to the experience of developed countries,draw on the useful experience for the legislation of our country.From the macro ideas and specific measures of criminal law, put forward suggestions and Countermeasures of environmental crime in our country based on combining the basic situation of our country.Detailed analysis the main idea of the reconstruction of environmental crime,the perfection of criminal regulation of the content of the environmental crime,the environmental crime penalty and non penalty provisions.For example, the perfection of criminal regulation of the content of the environmental crime,I tries with two aspects like improving the existing criminal law and adding new content criminal law, including the improvement of environmental pollution crime,illegal disposal of solid waste imported crime and the crime of unauthorized import of solid waste,crime of Infringement of environmental resource,crime of illegal occupation of agricultural land,and recommended noise pollution, destruction of grasslands, wetlands destruction behavior into the crime.