The Allocation And Improvement Of Environmental Crime

In the fifth Plenary Session of the 18th CPC Central Committee the party has been clearly pointed out in the process of the development of China’s economic construction should pay attention to protect the environment, promote the socialist construction and development China beautiful, the intensity of environmental governance to improve, will improve the quality of the environment as the core task, depending on the relevant environmental laws and regulations as a guarantee, the formulation for environmental protection strict mechanism. Environmental crime is not only harmful to human society,but also bring great damage to nature, serious harm to the natural environment and serious harm to human social crime and criminal responsibility must be equal to the harm made by. The criminal law is the fundamental law of our country, and is also the most stringent protection measures is the most powerful country, we should give full play to the role of criminal law in the process of environmental governance, effective environmental management and governance. But the current environmental criminal law system in our country there are still many deficiencies, such as environmental crime penalty concept, mode lag, environmental crime penalty legislation system such as light and fine penalty exists unreasonable phenomenon, environmental crime penalty does not apply, resulting in efforts for crimes violating environmental laws. Punish serious shortage,lead to the environmental protection and control of the environmental crime did not get very good play. To improve and perfect the punishment of environmental crime in China can not only curb the behavior of environmental crime rising, to promote environmental benign development, but also can promote the healthy and harmonious development of human and natural environment, promote the development of China’s socialist harmonious society. In this paper, using the method of literature survey,empirical research method and comparative research method,based on the remodeling of the concept of environmental crime and build on the research and Analysis on the punishment of environmental crime of our country allocation status and existing problems, and learn from the experience of foreign environmental crime criminal legislation, provide the corresponding perfect allocation of penalty China’s environmental crime measures.This paper is divided into four parts:The first part defines the related concepts of allocation of environmental criminal punishment, based on the traditional theory of criminal law on the introduction of the concept of crime, the traditional environmental crime concept was examined, the concept of environmental crime reshaped, and the specific construction via the concept of environmental crime heavy plastic content.The second part is about the present situation and existing problems of the allocation of environmental crimes in our country. Judging from the single criminal law,China’s legislature to strengthen the protection of the environment by the use of single criminal law, subsidiary criminal law. Through the analysis of the allocation of environmental crime penalty in China, it is found that there are some problems in the allocation, such as the concept, pattern, legislative system, the application of penalty, and the type of punishment in the allocation of environmental crimes.The third part of the law of foreign environmental crime penalty configuration and reference, analysis of the United States, Germany, Japan and Britain’s environmental crime legislation, to promote China’s environmental crime legislation through the study of the environmental criminal legislation of western mainstream national experience,think to change the humanism of the environmental crime legislation,increase regulations .dangerous crimes in environmental crime in the existing, but also need to increase the content of strict liability. In order to promote the legislation of environmental crime in china.The fourth part is to improve the proposed allocation of punishment of environmental crime in China, aiming at the existing problems at present specific conditions and environmental crime environmental crime, environmental crime through the allocation of foreign penal laws for reference, in the existing legislation level, from punishment of environmental crime environmental crime penalty configuration concepts,allocation model, environmental criminal punishment system, allocation of charges the punishment of environmental crime penalty configuration principle, the environmental crime penalty in five aspects to improve, so as to put forward and perfect the basic national conditions of China’s socialist legislation, ensure the countermeasure is operational and practical.