The Analysis Of Crime Cost Of Environment Crime

Today, our country continue to advocate the concept of Five in One and ecology, but environmental crime is still a serious problem. In the theory of criminal law, environmental crime is placed on the part of the social management, not on the part of human rights and property rights, because the environmental crime has its own characteristics. The cost of environmental crime is small, the expected return is big, the production cycle is long, and it is difficult to find. It is not only against the personal property rights, but also the rights of the whole society.The author begins with the economics, using the existing economics conclusion, and basedPosner’s "rational person" theory and Coase’s theory of "externalities", analysis the reason of environmental crime behavior in decision-making.This paper mainly contains the following four parts:The introduction introduces the research object, research purpose and research methods of this paper.The first section of chapter two describes the concept, composition and characteristics of environmental crime, and analyzes the reason that it can be used to analyze environmental crime. Section two discusses the theoretical basis of the analysis of economic crime, including the basic assumption of economic analysis and ecomonic nature of environmental crime. In this part, we expounds the Kos theorem and the externality, the Posner theorem and the rational person as well as the efficiency criterion of Pareto.Chapter three is about environmental crime economics model, through the analysis of the constitution of environmental crime and the decision model of the crime, the influence of the cost analysis on the decision making and penalty setting of environmental crime is analyzed. The end of the chapter discusses the constitution of crime and penalty problems in China’s environmental criminal punishment reversion.Based on the above analysis of the illegal cost of environmental crime, chapter four put forward some measures to curb environmental crime. It mainly uses the economy and efficiency as the means of prevention mechanism in the construction of environmental crime from the environmental justice, legislation, law enforcement and the other aspects. By analysing the cost of environmental crime by economic analysis, we can have more clear understanding of the environmental crime, and put forward more constructive suggestions for the prevention of environmental crimes.