Research On Environmental Dangerous Crime

In recent years, the rapid development of global economic integration, human excessive access to natural resources, more and more serious pollution accidents everywhere, the natural environment of pollution has led directly to the survival and development of human beings have been seriously affected around the world began to recognize Protecting the environment is extremely important, trying to take an effective way to manage environmental pollution. In this case, the use of legal weapons to protect the environment from destruction, as countries in the environmental protection of the effective measures. In the environment through the introduction of legislation through the legislative measures, some countries in Europe and America have a wealth of experience,environmental crime risk has become an important part of environmental law. Dangerous offenders are criminals who threaten and violate the legitimate rights and interests of others. In the course of the implementation of environmental crime, even if the risk of the performance of the results did not cause actual harm, but in the process, there is a dangerous state of existence will determine the violation of the law. According to China's criminal law, only the destruction of environmental resources, the results of criminal offenses will receive legal sanctions, and there is no legal restrictions on the risk of crime,this situation has obviously lagged behind the current development of China's environmental protection work. For a long time, environmental crime has determined the long-term, complex and hidden problems of its threat. To be completely resolved, you can learn from some developed countries abroad lessons, firmly grasp the dominance of environmental crime, to expand publicity, while increasing the intensity of punishment for some dangerous offenders. This article will focus on the in-depth analysis of the current criminal law to establish the feasibility of environmental risk.This paper first elaborates the theory and research literature about the environmental risk guards, starting from the present situation of the current environment of our country,drawing on the research achievements and experiences of the advanced environmental crime in the developed countries, and severely punishing the environmental laws of the criminal behavior, to guide China's environmental protection out of the road suited to their own development, to improve the level of environmental protection to lay the foundation. This article discusses the following points: First, the introduction part. This paper briefly introduces the background of the environment facing our country and the background and significance of setting up environmental crime. Second, through some basic theory of the overview, for the existence of environmental crime in China, the need for a dangerous crime, put forward their own suggestions and views. Third, how to increase the risk of environmental crime in our country related content. Based on the relevant domestic legislation and the increasingly serious situation of pollution, we should clarify the constituent elements of environmental risk on the basis of drawing on the advanced legislative experience of developed countries. Fourthly, this article finally explains the criminal liability of environmental risk offenders from the four aspects of free punishment, property punishment, qualification punishment and non-penalty punishment. This paper aims to continuously strengthen the deterrent power of environmental crime, through the development of laws and regulations, the effective implementation of the purpose of punishment for environmental crime.