The Research On Ways To Realizing Criminal Responsibility Of Environment

Environmental crime is the most serious harmful behavior to the environment,and using the criminal law to protect the environment has become a major trend in the world. At present, the realization of environmental criminal responsibility in China is following the traditional criminal penalties, which is failed to achieve good effect.This article aims to analyze and compare the value of the over-analysis approach,pointing out the shortcomings of our criminal law in implementation of environmental liabilities, and learn advanced experience from foreign countries through a combination of our country, to make some reasonable and feasible improvement suggestions. The article is divided into four parts.The first part, the overview environment crime. This section is discussed mainly from two aspects: First, introduce the Environmental Criminal Legislation and the concept of environmental crime at home and broad. Environmental Criminal Legislation in common law countries is subsidiary of the Penal Code adopted mode,the content of environmental criminal law is set in administrative law; Environmental criminal legislation developed in civil law countries, and there are the Criminal Code model and single criminal mode; China’s environmental criminal legislation formally adopted Penal Code mode, but our legislation is relatively fall behind. There is no uniform definition of basic environmental crime in other countries, China does not,there is no common understanding about Environmental Crime. According to China’s criminal law, I define it as a behavior that a natural person or unit violated environmental laws, polluted or damaged the environment, caused serious environmental pollution accidents, and resulted in heavy losses of public or private property or serious harm to human health. Second, the characteristics ofenvironmental crime, including subject of environmental crime, object of environmental crime, behavior of environmental crime and harmful results of environmental crime.The second part, an overview of environmental criminal responsibility.Environmental crime is a prerequisite for environmental criminal responsibility,environmental liabilities is a negative evaluation from the law and the adverse consequences imposed on offenders, as a result of environmental crime. This section is about the definition, essence, foundation, and realization of environmental criminal responsibility, and I provide a theoretical support for the realization of it.The third part, the overview of the realization of environmental criminal responsibility. It includes punitive measures and non-punitive measures.Through comparative analysis method, I described the legislative and judicial status quo of punitive measures and non-punitive measures about environmental crime in other countries and China. For the Penal measures, freedom punishment and Penalty are set in most countries law, and penalty in most foreign countries is limited and the daily amount is clearly defined, while China’s law just set unlimited penalty. There are many drawbacks of China’s system. Moreover, some countries also provides qualifications punishment for punitive measures, such as "deprive the rights for business," "deprive the rights of taking certain positions or taking part in certain activities " etc., while our law does not. For non-punitive measures, other countries have already set the relevant provisions, such as restricting certain behavior,destroying crime measures and compulsory measures. In China, non-punitive measures is formulated at the article 36, 37, and 64 in the General section of China’s Criminal Law, which includes admonition, a statement of repentance, apology,administrative penalties or administrative sanctions proposed by the judge, and additional contribution, confiscation. We did not set non-punitive measures system alone for environmental crimes.The forth part, to make suggestions for the improvement of realization of environmental crimes responsibility. I proposed from three aspects: improvement proposal for the concept of environmental criminal law, improvement proposal forpunishment measures of environmental crime, improvement proposal for non-punitive measures of environmental crime. To achieve the goal, the first step is to improve the concept of environmental criminal law, which is benefit to carrying out in legislative and judicial area in future. Secondly, to complete the punitive measures I recommend: Refining penalty, formulating quota system and daily penalty system;setting a system of fines exchanging Institution; adding qualifications punishment to enrich punishments. Thirdly, completion of non-punitive measures. the author described the value and necessity of the non-punitive measures at first, and then made specific suggestions on this basis. We should combine the advanced experience of foreign countries with China’s conditions to achieve the goal. Therefore, we should first define the legal status of non-punitive measures in the Criminal Law, and secondly, enrich the type of non-punitive measures, and finally, apply different non-punitive measures depending on the different subject of environmental crime.Traditional means of punishment should not continue to work independe ntly in punishing crimes and protecting environment that human survive. Chi na’s Criminal Law should focus on using various means to punish environme ntal crimes, in order to reducing the probability of environmental crimes an d protecting the environment. Diversification of the realization of environmen tal crime responsibility is not only benefit for punishing environmental crime,but also for preventing it and reducing possibility of committing a crime ag ain.Moreover, it will make up for the lack of penalty function to some exten t, which is not only reflecting the criminal policy of combining punishment with leniency of our criminal law, but also conforming to the trend of Crimi nal Law Reform in the world.