The Legislation Of Environmentla Crime In China Present Situation Perfect

Problem, environment problem has become the world pay close attention to the environmental pollution and destruction, has brought to human survival and development of inestimable negative effect. Broke out in the winter of 2012, China’s large area of the fog weather, it is understood that since the winter of southern hebei province, in eastern Beijing, shanxi, shandong, henan, anhui, jiangsu, Shanghai, zhejiang, fujian, hubei, hunan, jiangxi most of eastern, western guangdong, guangxi, sichuan and yunnan local has 10-20 days, the most in more than 20 days in jiangsu, north east of central and southern jiangsu, sichuan, southwest of chongqing, west of guizhou and other places of 8-15 days visibility of less than 1000 meters, east hebei southern, northwestern shandong, sichuan and other places in parts of 5-12 days visibility of less than 500 meters, serious air pollution, water quality, pose a threat to people living. Environmental issue is again paid attention to by the parties.In order to protect the environment to the survival of humans, countries around the world through various channels, and actively seeking effective relief, the method of using law to protect the environment becomes the one of the most powerful means of the crime in criminal law environment has become the trend of the countries all over the world to protect the environment. Criminal law protection of environmental problems in China starts late, the environmental criminal legislation since the 1970 s, until 1997, "criminal law" special provisions of the environmental crime. The legislation ofenvironmental crime in our country to draw lessons from foreign advanced legislation experience on the basis of constantly improve, but there are still shortcomings, domestic about environmental crime legislation calls for more and more is also high. Chinese scholars did a lot in terms of how to improve the environment crime legislation beneficial study and formed his unique theory of environmental criminal legislation. In this article, through draw lessons from foreign advanced experience of environment crime legislation, from analysis of the current situation of environmental crime, environmental crime are introduced the basic theory, put forward the Suggestions and comments to improve the environment crime legislation. This paper consists of four parts:The first part, overview ofenvironmental crime and environmental criminal law basic problem. This part applies the method of sum-up about the basic concept of environmental crime and environmental criminal law and the theoretical debate. On basic theory of environmental criminal legislation of some problems, for later to lay the theoretical foundation of writing, make the theory foreshadowing. The second part of the environmental crime of advanced foreign legislative experience for reference. Environmental criminal legislation in our country still is not perfected, in this case, draw lessons from foreign advanced experience is to avoid the little detours, clearly foresee important way of our country environment criminal development direction. This section will detail the foreign legislative model and sum up experience worth our using for reference.The third part is the present situation and the defects of our country environment criminal activity legislation. This part mainly introduces China’s current status in the aspect of environmental crime legislation, and in-depth analysis of the deficiencies in our country, for the fourth part, provide theoretical support. The fourth part is the improvement of the environmental criminal legislation in our country. This section is the core of the thesis, it is on the basis of the former three chapters according to the current situation in our country, put forward perfect our country environment criminal activity legislation idea.