Research On Environmental Crime Legislation In Risk Society

Since the reform and opening-up policy of market economic development, improved living standards, while also generating more and more environmental problems.Especially emissions of major pollutants of the environment has far exceeded the carrying capacity, but because of our theory for environmental crime and ill-defined concepts, legislation lags behind practice polluting industries for social, labor, and other aspects to solve local government and environmental impact of making the regulatory authorities for most of the environmental behavior to take "do not look,nothing, no matter" attitude makes our pollution problem is getting worse.Industrialized deepening reform and opening up, China has entered a risk of social,environmental crime also has the unpredictability of risk society, imperceptible and other characteristics, after possess these characteristics, our country had not only failed to solve environmental problems but intensified in order to effectively solve the problem of environmental pollution, the most important prerequisite for the key enterprises of sanctions is to improve our environmental crime legislation, law enforcement personnel rules to follow.This paper introduces the basic overview of the risk of social, environmental crime,and then introduced the model in Japan, Germany, Britain, the United States and other national environmental criminal legislation, summarizes the legislative experience of advanced countries in the world of environmental legislation, combined with China’s specific situation, pointing out that our the current lack of environmental crime criminal legislation exists, then proposed to improve the environment of criminal Legislation of suggestions, namely: the mobilization of criminal law theory of criminal law to introduce risk prevention capabilities in environmental protection; to expand the scope of legislation to protect our environmental crime; strengthen criminal penalties for environmental legislation; perfect environment constituent elements of criminal law, an additional objective Perilous environment, the introduction of strict liability principle subjectively; focus on the use of non-punitive measures and so on.