Reflections On Perfecting China’s Environmental Criminal Legislation

Modern science and technology promote the development of global economy high-speed, bring material and spiritual pleasure to the global residents but also bring the result of the environment worsening. In the process of urban construction, serious air pollution, water pollution and noise pollution, environmental pollution problems, such as impact every aspect of people’s life. In the process of agricultural production, the abuse of pesticide, white pollution and environmental problems such as continuous salinization land broke the virtuous circle of ecosystem, lead to environmental sustainable development. So all countries in the world is continuing to improve the legislation of environmental protection, both civil and administrative means to manage early in the multinational environment model has not meet the needs of the current, so the environmental criminal law protection mode is adopted by more and more countries, and gradually form a distinctive pattern of environmental protection. Our country in 1997, "criminal law" provisions of environmental crime on environmental governance has played a good prevention, deterrence and the penalty function, however environmental criminal legislation in our country still has many defects, needs further perfecting.The body of the thesis consists of four parts. The first part is a review of China’s environmental criminal legislation, including its development process and progress. The second part analyzes the defects of environmental criminal legislation from three aspects: legislative concepts, legislative modes, and criminal protection strength so as to get a comprehensive understanding of the current situation of environmental criminal legislation. The third part is an investigation on the status quo of environmental criminal legislation in foreign countries, including the continental law system represented by Germany, Japan and the Anglo-American law system represented by Britain, the United States. Based on the investigation, some insights and implications for environmental criminal legislation can be gained. The fourth part is mainly concerned with some suggestions for perfecting the environmental criminal legislation of our country, including the establishment of modern legislative concepts, the scientific adjustment of legislative modes, and the intensification of criminal protection strength, and also it introduces the specific measures one by one to improve the environmental criminal legislation of our nation.