An Analysis Of Environmental Criminal Law And The Attribution Of Crime

With the rapid economic growth and resource exploitation brought about by the excessive waste of resources and serious environmental pollution,governments are aware of the importance and urgency of protecting the environment,and thus strengthen the legislation on environmental protection.The protection of the environment is essentially to protect the survival of mankind and the sustainable development of human society these vital interests,so the protection of the environment is not confined to the original rules,but more and more dependent on the criminal law of freedom and even life at the expense of the "last guarantee".Environmental criminal law is one of the important means to solve the environmental crisis.Environmental criminal law because of its environmental protection can not be replaced by the status of environmental law to protect the last line of defense.In order to better play the role of criminal law on environmental protection,to achieve the ultimate goal of harmony between man and nature,the core concept of environmental criminal law in-depth inspection is particularly necessary.At present,there are still some shortcomings in the study of the basic theoretical problems of environmental criminal law.It is not reflected in the definition of subdomain concept included in environmental criminal law,and the research is not perfect.It can not reflect the difference between environmental criminal law and traditional criminal law comprehensively and meticulously.It can not highlight the unique characteristics of environmental criminal law and many more.The author focuses on the shortcomings of the existing research,mainly around the environmental criminal law and environmental criminal law to analyze the angle of crime.The attribute of environmental criminal law includes its legal attribute and legal attribute.The attribute of criminal penalty is divided into the attribute of "sin" and the attribute of "punishment".The so-called "crime" is environmental crime,Crime of environmental crime.Comparing the relevant concepts in the traditional criminal law and drawing lessons from the relevant regulations at home and abroad,we try to make a systematic study on the environmental criminal law and its criminal property.The article is mainly through five parts:The first part briefly introduces the research topic.First of all,put forward the four core issues raised by the article.Secondly,the present situation of the research on the core concept of environmental criminal law at home and abroad is briefly analyzed and analyzed.Finally,the important theoretical position of the core concept of environmental criminal law and its research significance are expounded.The second part discusses the attributes of environmental criminal law.First of all,from a broad perspective to define what is the environment,introduce the status quo of the environment,problems and protection.At the same time,a detailed account of the concept of environmental criminal law proposed and defined.Secondly,compared with the traditional criminal law,the analysis of environmental criminal law itself has an independent attribute.Finally,based on the development of environmental criminal law changes,a more profound understanding of the inevitability of environmental criminal law.The third part analyzes the legal interest of environmental criminal law.From the meaning of the criminal law of the environment,the content of the substantive and theoretical point of view,the environmental law of criminal law more fully excavated.And analyzes the theoretical function of environmental criminal law from the angle of legislation and judicial interpretation respectively,and clarifies the legal interest in environmental criminal law.The fourth part analyzes the environmental crime in environmental criminal law.From the concept of environmental crime to start,compared to the definition of environmental crime at home and abroad when the concept of different standards,summed up a most reasonable explanation.In addition,try to compare traditional crime with environmental crime,compare and analyze the difference between the two properties,that environmental crime does have its own unique characteristics.The last part of the study of the characteristics of environmental crime penalty.First of all,compare the penalty of environmental crime and the traditional crime penalty,and then talk about the basic principles of environmental crime penalties need to follow,and then analyze the status of domestic and international environmental crime penalties,and finally the above analysis of the conclusions drawn,targeted to meet the environment The Concrete Countermeasure of the Status Quo of Crime Penalty.