Research On The Perfection Of Legislation Of Environmental Crime In Our Country From The Eco-civilization

With the deteriorating ecological environment, all the countries in the world start to look for theway to solve environmental problems. Initially some countries solve environmental problems throughadministrative means. Because of the behavior which does damage to environment increasinglydiversified, the harmful consequences are becoming more and more serious, administrative means isunable to solve environmental problems effectively, at this point, it is very necessary for the criminalmeans to involve in environmental problems. The criminal means which belongs to thepost-processing method, mainly used for the punishment of serious pollution and destruction of theenvironment, has a strong function of shock and education. Other methods cannot effectively solveenvironmental problems, in this case criminal law which acts as the last manner of protecting legalinterest have fundamental force function, and this function is also becoming increasingly obvious.The big eighteen conference puts the construction of ecological civilization in a highlight place,even rise it to a height which is involved in people’s well-being and national future. Ecologicalcivilization construction can’t do without the rule of environmental law. And solving environmentalcrime through criminal means is the last barrier and manner of the rule of environmental law. Thecriminal legislation of environmental crime is the strong foundation of environmental criminal law,the environmental criminal law urgently needs a good criminal legislation of the environmental crime.As well, our country focusing on ecological civilization construction currently, ecological civilizationplays an important guidance role in environmental criminal legislation, which embodies the higheststate of controlling environmental crime. Therefore, if we want to solve environmental crimeeffectively, we should be conformed to the time spirit of ecological civilization, apply ecologicalcivilization concept to the process of environmental criminal legislation.This article includes five parts of introduction and main text, the introduction of the articleintroduces the meaning and background of selected topic briefly. The main text firstly introduces thebasic content of environmental crime and ecological civilization, including not only the concept,characteristics and constitutive requirements of environmental crime, but also the background andbasic connotation of ecological civilization. Then this text introduces the present situation of theenvironmental criminal legislation in our country, and points out the defect of the legislative idea,legislative pattern, style of charge, applicable principles for criminal law and criminal punishment’sspecies. Next this text respectively reviews the environmental criminal legislation of civil lawcountries and common law countries law, taking Germany, Japan, the United Kingdom and the UnitedStates for example. Analyzing the characteristics of criminal legislation in this four countries,combing with the actual situation of criminal legislation, we should improve criminal legislation inour country by learning advanced experience from these countries.