The Research Of The Criminal Legislation Of Our Environment Crime

In recent years,the economy of our country is rapid development and have made remarkable achievement,but also have caused serious environmental disaster.As the Security law,the criminal law shall be playing the role of punishing serious environmental damage behavior,but the reality show that the criminal law do not implement desired effect.The legislation of environmental crime has some defects,we should perfect it to protecting our environment and realizing the harmonious coexistence of man and nature.There are three kinds of theoretical basis of environmental criminal legislation.It is human centralism,non-human centralism and The sustainable development ethics.Human centralism emphasizes the intrinsic value of the human,and non-human centralism emphasizes the intrinsic value of the nature,and The sustainable development ethics Pays attention to our people's subjective initiative and environment protection on the basis of Harmony between people and nature.The sustainable development ethics has a guiding significance for the perfection of environmental criminal law.The environmental criminal legislation of our country has experienced ancient legislation earlier,modern legislation lagged behind,the modern legislation actively perfect process,and has become increasingly systematic,rigorous,but at presentthe environment criminal legislation of our country is still flawed.It is about legislation concept not advanced,legislation system not scientific,regulatory scope narrow,causality presumption principle not legal,the amount of punishment have no clarity,some Legal punishment is lighter,and the way of Unit punishment way is limited,and we should take corresponding measures.It is about establishing the concept of sustainable development legislation,Setting up the environment crime chapter,expanding the environmental regulation scope,provisioning the criminal causality presumption principle,the amount of punishment certain,raising the legal punishment of some crimes,increasing unit qualification punishment.