Studies About Determined Surrender Of Duty Crime

Environmental criminal law is an important means of protection, because the mandatory environmental criminal law and normative, resulting in a large number of environmental protection measures to occupy a very important position. Also present in many countries of the world a common means of protecting the environment.With the improvement of environmental criminal law theory, and environmental criminal law of time, increasingly rich, environmental criminal offenses system gradually, expanding the scope of protection, declining restrictive conditions and other characteristics, but at the same time there are still inefficient,poor and other income defects. In this paper, for the current development of China’s environmental criminal law defects on how to improve our environmental criminal law gives specific ideas.First, China’s environmental criminal law against the problem of poor earnings,the environment should stand in the human "right to life " in height, to take some "overkill " measures, should be based on the idea of ??strict liability for environmental criminal law legislation and enforcement. Meanwhile, we should intensify efforts to punish crimes against the environment to improve the environmental criminal law on environmental crime deterrent.Secondly, the current low rate of environmental criminal litigation issues, it should be based on the " prevention first " philosophy modify environmental crime filing standards, in order to give the judiciary more environmental criminal cases filed discretion. Meanwhile, the introduction of burden of proof rules, improve the value of criminal proceedings, reduce litigation costs, reduce judicial delays and backlogs that piece.Again, for the problem of high cost of environmental criminal law, criminal penalties should be rational use and qualification of criminal means, not only can create revenue, reduce the cost of punishment, executions bring more efficiency,reducing the cost of environmental criminal law.Finally, environmental criminal accountability problem of low efficiency,environmental criminal legislation should improve the quality of personnel, and reduce the cost of criminal legislation; improve the quality of judicial personnel,improve trial efficiency; improve execution quality of personnel, improve the efficiency of the Criminal Code.This paper studies on domestic and international environmental criminal law on the basis of analysis of the current situation, based on the theoretical study of environmental criminal law and criminal law for the current development of China’s environmental problems, to give a specific sound, is conducive to the development of more scientific environmental criminal law and rationalization.