The Theory Of Environmental Criminal Legislation And Perfect Measures

Protection of environmental resources is the fundamental requirement for the sustainable development of human beings, in recent years, China’s criminal laws and regulations in the maintenance of natural resources, the provisions of a more comprehensive, but the details are not detailed and concrete. China has made great progress in the relevant laws and regulations related to environmental protection, civil and administrative aspects of China’s economic and social life closely linked to the civil and administrative aspects, the relevant laws in the field of criminal law are still lacking, and it is not convenient to operate. The construction system of detailed environmental criminal laws and regulations, the destruction and pollution of the environment, as a crime, not only in line with the social and economic progress, but also the necessary choice of human and nature in harmony. "The criminal law of the people’s Republic of China" to the environmental crime independence as a section, in 2011, "criminal law amendment (eight)" to amend the crime of environmental crime and constitute the condition, promote the progress of China’s environmental criminal law. However, there is a lack of relevant provisions of environmental crime in China, which mainly includes:the problem of environmental criminal legislation, the scope of the criminal law of environmental crime, the problem of the definition of environmental crimes, and so on, which has hindered the punishment of environmental crime. Therefore, it is necessary to establish and improve the criminal laws and regulations of environmental crimes.The punishment of environmental crime is the last way to protect the nature of the nature, in the future will give people’s living environment to establish the final barrier. At first, the article defines the concept of environmental crime, and then analyzes the existing situation of environmental crime in China, and expounds the successful experience of the civil law and common law system, and analyzes the successful experience of environmental criminal law. That is to say, we need to strengthen the operability of environmental crime, improve the legal punishment, improve the criminal legislation of environmental crime in our country, expand the scope of environmental criminal law protection, improve the constitution of environmental crime, improve the criminal law in our country.