The Perfection Of Environmental Crime Law In China

Over the past few years, the vicious environmental crimes in our country continue to occur, a serious threat to the safety of the people, resulting in huge economic losses, and even affect the social order. Ecological civilization can not be separated from the environmental rule of law. In environmental law, environmental criminal law is a solid backing of environmental law, environmental crime legislation is the foundation of environmental criminal law, environmental law itself is a complex system engineering, involving all aspects of the problem need to be further studied. Although China’s criminal law has established the basic framework of environmental crime, and even in some specific crimes, the provisions of a certain ecological protection. However, China’s environmental penalty is still used in the traditional human centered thinking, whether in the legislative mode, the charge system, or the punishment of a certain problem, which leads to the lack of criminal law on the regulation of environmental crime, can not play the function of environmental criminal law. In this paper, the research methods of comparative study, systematic research and theoretical analysis, the paper expounds the current situation and problems of environmental crime legislation, analyzes the relevant experience of foreign countries in environmental crime legislation, and the relevant theory of environmental crime, and put forward suggestions to improve the criminal legislation of environmental crime.This paper mainly discusses the perfection of criminal legislation in our country from four aspects. Firstly, from the concept of environmental crime, constitution elements, characteristics and the causes of environmental crime, the relevant theoretical basis; second, the environmental crime legislation, the legislative mode, the crime system and the basic elements of criminal punishment. Once again analyze the legal system, the legislative mode and the reasonable composition of the basic ideas and the specific system of the legal system, and promote the modernization of criminal law. Finally, on the basis of absorbing the reasonable and successful in the environmental criminal legislation, the characteristics of our country’s environmental crime, the specific circumstances of the environment crime and the existing legislative level, we put forward to establish the legislative perfection of our country’s national conditions and the measures to ensure the operability and practicability of the measures.