The Research On The Perfection Of Criminal Law Of Water Resources Protection In China

Recently,although the protection of water resources in our country's administrative laws and regulations to improve,but the protection of water resources is a systems engineering,and shall follow the guided by the constitution,administrative law,economic law as the foundation,the principle of criminal law to protect.Law more perfect than the environmental civil,administrative law,criminal law legislation in China in terms of protection of water resources is too tight,puff.This mainly displays in: crime circle is too narrow,the water resources charges set lacks rationality,not enough scientific punishment regulation,has not yet with the environmental civil,administrative law and other relevant criminal provisions.This obviously with countries called for the implementation of "the most stringent environmental protection system" to be.Perspective of criminal law legislation should study the protection of water resources is of great theoretical and practical significance.In theory,the crime of destroying water resources,scientifically demarcating the crime circle,provides theoretical basis for improving the criminal protection of water resources.Practice,the water pollution related problems such as crime subjective aspect,the amount of fine punishment of clear confirmation of a crime,the judicial practice will provide powerful basis on sentencing,conducive to justice,sets up the judicial authority.Study of criminal law protection of water resources,the final purpose is to strengthen the protection of water resources,fight pollution,destruction of water resources,the maximum protection of water resources.The text is divided into four parts,about 50000 words,mainly to our country thenecessity of protecting the water resources situation and analysis,the defects of our current criminal law legislation to protect water resources,water resources protection of the criminal law outside investigation and water resources in our country criminal law protection legislation perfect suggestion are discussed,the specific content is as follows:The first part of the necessity of protecting the water resources present situation and the analysis of our country.First of all,define the concept of water resources,think that the extension of water resources including surface water and groundwater.Secondly,analysis the present situation of water resources in China,severe water shortage and serious water pollution are the two major challenges facing the water resource in our country.Again,this paper discusses the necessity of protection of water resources,water shortage and pollution of water resource of economic value,social value and ecological value of the devastating effects of determines the necessity of the protection for its.Finally,demonstrates the necessity of the criminal law of water resources protection,water ecological highlight the importance of interests,destruction and pollution of water resources has the serious social harmfulness as well as the limitations of civil,administrative measures to protect the water resources decides the criminal law in the necessity of the protection of water resources.The second part of our country's present criminal law legislation to protect water resources.This part to the defects of our country criminal law protection of water resources has summarized as three aspects,namely the main existence the crime circle draw is not reasonable,system is flawed and punishment configuration is not scientific,and has carried on the detailed analysis to the cause of the defect,causing water crime legislation to thinking about the future.The third part outside of criminal law protection of water resources.This part from the crime circle and environmental laws,and rules for dangerous crimes,water pollution and water pollution crime crime criminal liability according to five aspects,analysis of the United States,Germany,Japan,Spain,western representative countries and our country Hong Kong,Macao and Taiwan in the similarities and differences between water resources of criminal legislation,and are discussed briefly,in the hope of their distinctive and relatively mature water environment criminal activity legislation to provide a good reference and enlightenment in our country.The fourth part of water resources in our country criminal law protection legislation perfect suggestion.In reference to the countries and regions outside of water resources under the premise of criminal provisions,combined with our country current actual regulation,puts forward some countermeasures for the perfection of legislation of criminal law protection of water resources in China.First of all,appropriate to expand crime ring.To reconstruct criminal law legislation style,establish ecological law,increase the abstract dangerous crimes.Second,make up the charges system flaw,from the decomposition of environmental pollution crime form,clear,make up for the criminal law legislation absence improving Suggestions from three aspects.Finally,the scientific allocation of water resources the punishments of the crime,including higher amplitude,clear water pollution crime freedom penalty fine punishment standard and heavier penalties on the regulatory environment state functionaries.The legislative improvement of water resources criminal law protection is a long-term and systematic protection project.On the one hand,the protection of water resources should be based on the status quo,and should borrow experience,strengthen the function of crime prevention,to protect water resources to unprecedented degree of protection.On the other hand,not only should focus on the conviction of water resources crime,but also pay attention to the rationality of sentencing.Not only pay attention to the general problem of criminal law,but also strengthen the particularity of the crime constitution in the criminal law.In this way,we can ensure the coordination,integrity and rationality of legislation.