Legislation Of Penalty In Environmental Crime In China

A country's environmental policy can truly reflect its concept of environmental legislation,and confirm its relationship between environmental protection and economic development,therefore the ideological basis of China's environmental criminal legislation can be seen from China's environmental policy.In May 2013,Xi Jinping,the general secretary,has pointed out in the sixth study of the Central Political Bureau: "Only the most stringent system,the most strict rule of law,can provide a reliable guarantee for the construction of ecological civilization.To establish accountability system,to those who make decision without considering ecological environment,and cause serious consequences,must take its responsibility for lifelong." Eighth Plenary Session proposed to promote the construction of beautiful China,strengthen the pollution control,improve the environment quality,and implement the most stringent environmental protection policy.This fully demonstrates that the Party Central Committee is determined to construct the ecological civilization,and also put ecological protection at a high level,which should improve the mechanism,complete the rule of law,and have a fundamental changes of production,lifestyle,thinking and values.Environmental crime has serious harm to the natural environment and human society,therefore,should bear the same criminal responsibility.Criminal law as the most stringent means of protection,should establish a correct concept of legislation based on the establishment of the correct environmental values.It has to be done by building a healthy form of responsibility,completing the way to punish the crime,improving the prevention of environmental crime,to make law play an active role in the governance of environmental crime.There are some deficiencies in China's current environmental criminal law system,such as,the penalty too light,fine penalty provisions unreasonable,legislative ideas lag and other defects,which result the prevention can not take its effect,the environment Criminal behaviors can not be punished accordingly.This article mainly aims at how to supervise and punish the phenomenon of environmental crime through legal coercion,and how to improve and solve the environmental problem through the effectiveness.We start from the two perspectives of legislative idea and penalty allocation.According to the characteristics of environmental crime,the punishment of dangerous offenders,the implementation of limited fines and other aspects of the penalty allocation of legislation to improve the rule of law.Take the rule of law as a guidence,to combine non-penal measures and penalties,to improve the study with the practice and operation,and to have a good preventive effect through the perfect Penalty legislation.