Research On The Environmental Criminal Law Material Elements Subordinated To Administrative Acts

Environmental Criminal Law Material Elements Subordinated to Administrative Acts stands for a particular kind of legislative practice, that the legislator who is obliged to construct the material elements only does part of his job and leaves some of them for administration to complement. As for that, the meaning of the concept is not only a legal phenomenon, but also a special feature of environmental criminal law, which means that the constitution of an environmental crime depends on the content of administrative regulation and even administrative acts.There exists the issue of law elements incorporating with administrative acts in Chinese criminal law code, according to Chapter Six of The penal code of the People’s Republic of China, section six. Theoretically, the incorporating phenomenon can be classified into three categories: subordinated to administrative law; subordinated to abstract administrative act; subordinated to specific administrative acts. Penal Code 338 and Penal Code 339 could be considered as examples of subordination issue in environmental criminal law. The existence of the concept may violate the principle of clarity and definiteness of criminal law and the principle of “nullum crimen sine lege, nulla poena sine lege”.First of all, as the existence of the issue in Chinese criminal law, the court of law can use the subordination to administrative acts in distinguishing environmental crime and other similar crimes regulated in Chinese Penal Code. Secondly, as the existence of the legal practice, such judicial solutions and legal suggestions can be clarified in dealing with the problems mentioned above: to the Legislator, the authorization of allowing administrative regulation and acts should be explicit, to the degree that every citizen is able to understand the exact effect of administrative regulation revise on criminal procedure; if the criminal law elements are incorporating with specific administrative actions, the court of law should make not only the formal examination, but also substantive examination including validity review and reviewing reasonableness of administrative acts.