Comparative Study On Environmental Crime Between China And Foreign Countries

In the past decades,China has achieved a great success in its economic and social developments.However,accompanied by a series of environmental problems such like environment pollutions,abuse of natural resources and disruption of ecological balance,these achievements have also led to the rise of the aforesaid environmental issues threatening the public health,our people's development and even their existence.The deep investigation and documentary film on the smog in China,Under the Dome,released on Feb.28th 2015,by Chai Jing,the famous ex-journalist from CCTV,once again raised the public and even the government's concerns about the severity of the environmental problems they are now facing.Setting aside technology advance that has been promoting the prosperity of human society,which has also been regarded as the most possible solution to those environmental problems,the necessity of the involvement of laws in dealing with those environmental affairs,e.g.punishing environment-damage activities according to 'environmental criminal law',has been gradually recognized and taken into consideration by nations in the world.In China,the rule of law in the aspect of 'environmental criminal law' has experienced an incremental development,which has also led to some achievements in theoretical researches:the relevant studies and researches by our domestic scholars have propelled the legislation and judicial practice in criminal law for those environmental problems.However,as the environmental crimes normally concern comprehensive and professional issues,it is necessary to continue our relevant research and innovative attempts in environmental criminal law theory study,which is also demanded by the conflicts between the relevant legislation and judicial practice.The developed countries,e.g.Russia,on the other hand,have abundant experience in environmental crime study and the relevant governance,which lends us good examples for our study on environmental crimes and 'environmental criminal law'.A comparative study between our domestic criminal law stipulations on environmental crimes and those in Japan and America could even provide more prescriptions and lessons helpful for the development of our environmental criminal law theories and environmental crime governance.The supports this study could provide would,no doubt,strengthen our environment protections through enforcing our criminal law,which would,as a result,further ensure our economic and social prosperity.This article applies the method of comparison and case analysis,from the criminal law in environmental crime necessity of using the method of comparative analysis,analysis of different types of foreign countries,both developing countries are also included in developed countries and our country environmental crime in the aspect of theory of environmental criminal law,the crime constitution characteristic and the differences and similarities between punishment and so on,demonstrates the environmental crime in our country there are some defects in the legislation.And using the method of case analysis,the paper analyzes the domestic and foreign environmental crime in the judicial practice,the cognizance of the cognizance of causality and subjective characteristics,at the same time,put forward our country the environment criminal legislation on the reference of foreign legislation and judicial application.This paper is divided into four most:The first part mainly introduces the differences in Chinese and foreign environmental laws benefit theory.This part firstly through analyzing the necessity of the criminal law involved in environmental issues,to draw out the legal principle theory of comparative evaluation;Secondly,introduces the Chinese and foreign evolution theory in their respective rules;Finally,the differences between Chinese and foreign environmental crime in profit theory is briefly analyzed.The second part is about the comparison between Chinese and foreign environmental crime constitution characteristics are.This part of the article is use of case analysis method combining the theory with practice on the comparison to Chinese and foreign environmental crime subjective and objective aspects.Through respectively introduce foreign and our country in the crime constitution of the manifestation of different characteristics and different application in judicial practice,thus to a brief evaluation,thus concludes that our country and foreign differences and similarities in the crime constitution.The third part is comparison on Chinese and foreign environmental crime punishment.This part firstly analyzes the domestic and foreign environmental crime punishment in the similarities and differences between the applicable principles of;Secondly,this paper expounds the Chinese and foreign criminal legislation of environment specific provisions in the criminal punishment way;Finally,by comparing the evaluation found that China's environmental crime defects and deficiencies in terms of punishment.The fourth part is the environmental criminal legislation in our country put forward Suggestions for reference.This part of this paper is mainly through to the above different aspects of the contrast of our country in the deficiency of environmental criminal legislation.And through the comparison of above evaluation,this article according to the structure order of above puts forward corresponding measures for reference.