Research On The Improvement Of The Ecological Criminal Legislation

Ecological crime refers to the practice of violating ecological and criminal laws and regulations and seriously undermining ecological safety.In the context of risk society,ecological environment destruction is a typical modern risk.Current about the crime of destroying ecological environment and criminal punishment code scattered in the penal code and judicial interpretation,and other accessory criminal law stipulated by the department of community will be defined as the environment crime,but the ecological and environmental crimes in the criminal object,namely there is significant difference on the method of profit violation.Traditional environmental crime to human health law and property law profit for violations of the law benefit,whether to conduct personal casualties and major property damage to condemn the standard,while ecological crime in ecological safety benefit for violations of the law,whether in serious destruction of ecological security for the SINS of the elements.As a result,ecological criminal legislation in our country in the future should be to respond to the risk society ecological risk of the impact of the ecological criminal legislation and challenges,starting from the concept of risk prevention governance path choice of ecological crime criminal law.Set up "the crime of endangering ecological security" this kind of crime,under the current criminal law the provisions of section 6 of chapter 6 "the crime of destruction of environment and resources protection",At the same time,we will increase the crime of wetland,introduce harmful foreign species,and illegally misuse transgenic biotechnology.On the basis of this idea,the ecological criminal law system should be constructed and the ecological protection function of the criminal law should be promoted.