Research On The Criminal Law Protection For Ecological Environment

With the increasing emphasis and media attention on ecological environment problems in China,more and more problems and crimes of ecological environment are exposed to the public.The crime of destroying the ecological environment resources is not only harmful to the ecological environment,but also induces a large number of related crimes in the field of ecological environment,which caused by favoritism and the bargaining between power and money.In the risk society,people have to face the grim situation of resource constraints,environmental pollution and ecosystem degradation.Ecological environment protection is one major issue relating to comprehensive,balanced and sustainable economic,livelihood and social development.Under this great background,this paper takes Judicial interpretations of environmental pollution crime by the Highest Judicial Authority at the end of December 2016 as a breakthrough point to give specific analysis on existing problems of the Criminal Law Protection of ecological environment.Some practical suggestions about the construction of system for the Criminal Law Protection of ecological environment are put forward.Currently,the main measure for strengthening the Criminal Law Protection of ecological environment is reflected in three aspects.Firstly,through refining conviction standard,expanding the scope of the conviction of ecological environment factors,and enhancing prevention of ecological environment crime,we reduced the threshold conviction of ecological environment.Secondly,enlarge crime subject and protection range of ecological environment.Finally,balance penalty measurement,improve heavier or lighter punishment circumstance and sentence properly.However,the Criminal Law of ecological environment has some defects such as the principle is too abstract and difficult to operate in legislation.Some related regulations about ecological environment are at a lower rank,which causes deterrent effect not to be obvious.Specifically,the lack of ecological environment factors lead to the scope of legislation's omissions.Crime constitution for the Criminal Law of ecological environment is also not reasonable: excessively using Blank description of crime ? overly stipulate circumstantial offence and consequential offence ?ambiguous regulations and overlaps of Criminal Law Articles which cause the mitigation of punishment.The way of undertaking criminal responsibility for ecological environment is relatively simplistic.In practice,because of concealment of the destruction of eco-environment and the demand for timeliness of ecological environment crime proof,law enforcement officials face the dilemma between filing and evidence.Meanwhile,due to the lack of precautionary measures,there are few regulatory regulations beforehand or reconstruction afterward.The Criminal Law Protection of ecological environment in China should focus on the construction of ecological civilization to form a completed protection mechanism in ecological environment.At the legislative level,independent cognitive system of Concept of legal interest in ecological environment should be formed firstly.Ecological environment factors in the new era ought to put into the criminal law' s protection to control rampant crime in ecological environment.Secondly,it is necessary to improve the constitution of ecological environment crime,clear standard of conviction and sentencing,and strengthen unit crime provisions in ecological environment so as to comply with the adaptability principle of crime responsibility and penalty.Then,we should learn from the advanced Country and Area legislation of Ecological environment criminal law actively in order to build ecological environment protection system,so that ecological environment protection can be guaranteed and implemented feasibly.At the judicial level,firstly law appliance in the crimes concerning ecological environment,including the ecological environment duty crime should be clarified.Strengthen supervision on duty behavior of EIA agency and staff and ensure the authenticity of the environmental monitoring data.Secondly,perfect the cooperation of the ecological environment judicatory organs.Thirdly,raise awareness of rights and restorations among the general public and enhance the whole value concept of ecological environment.