The Study Of Non-penalty Punishment Applicable Rules Of Environmental Crime

The environment is the basis for human survival and development,a good environment is conducive to the sustainable development of human society.With the rapid development of China's economy,complex and diverse environmental problems are endless,environmental pollution and destruction not only endanger the safety of people and property,the damage to the natural environment is difficult to repair and makeup,people gradually realize the importance of environmental protection.Environmental penalties are the most important way for criminal actors to bear the criminal responsibility of environmental crime.However,due to the particularity of environmental crime,environmental penalties obviously cannot achieve the purpose of sanctioning environmental crimes and relieving environmental rights and interests.Many countries have begun to gradually explore and use of non-penalties to solve this problem,in the sentence of environmental crime perpetrators at the same time the use of environmental crime,non-penal penalties can be more effective for environmental restoration and rights protection.In the recent years,China has made great efforts to promote the construction of ecological civilization,in the judicial practice to actively explore environmental crime non-penal penalties,such as replanting trees,forest restoration,public welfare labor and other non-penal penalties,and achieved good social and ecological benefits.In judicial practice,non-penal penalties for environmental crime are mainly based on the guidance and notification of the departments such as courts and public security bureaus.As a result of the differences between the government and the regional norms,there are different penalties in practice.Different methods,the implementations of the intensity are not enough and so on.The theory is the basis of guiding practice,because the environmental crime non-penal penalty method of exploration and practice is still lack of legal theory support,therefore,in this article we will study the methods and hoping to find a way to better regulating the environment.This article based on the characteristics of environmental crime,points out the necessity of non-penal penalty for environmental crime,based on the application of non-penal penalty in practice in China,discusses the problems existing in our practice,and then puts forward improved method of punishment for environmental crimes.Specifically,this article is divided into the following four parts: The first part a specific description of the method of non-penal penalties for environmental crimes,from a wide range of the need for its implementation,combined with the theory of restorative justice,utilitarian punishment principles,Theprinciple of the theory proves the feasibility of this method.The second part mainly starts from the four practical cases and analyzes the problems of the non – penal penalty method of environmental crime in detail from the defects and shortcomings of the punishment basis and the specific problems in the punishment practice.The third part summarizes the contents that can be borrowed from the aspects of legal setting and legislative idea by analyzing and studying the methods of foreign environmental crime.The fourth part of the rationale for thinking,combined with the crime of non-penal penalties for the environmental crime in the implementation of the problems encountered,from the Theory and practice put forward to standardize the improvement of China's en vironmental crime non-penal penalty recommendations.