Research Of Criminal Liability Of Enterprise Environmental Crime

With the rapid development of Chinese economy,the predatory exploitation of natural resources has rusulted in the environmental pollution,ecological damage and many other negative effects.The international society has reached a consensus to protect the enviroment.Many countries are starting from the substantive law,such as civil law,criminal law and administrative law,endeavoring to establish the system of the legal liability of environment protection.The enterprise environmental crime criminal responsibility is characterized as mandatory and strict,which is the last defense line of the general environmental protection on top of the legal liability system of environmental protection,as is the most important and the last link in the responsibility system.In order to make criminal law fuction well in safeguard,and achieve the ideal goal of “beautiful scenery is the gold and silver mines”,it is necessary to study the criminal responsibility of environmental crime,at the same time,the enterprise is the main body so that it is crucial to research on criminal responsibility of enterprise environmental crime.Most domestic scholars is accomplished in either enterprise crime or environmental crime,but there are scanty few of achievements in the comprehensive study on the criminal responsibility of enterprise environmental crime.Influenced by the traditional criminal idea,the contemporary study ignore the nontraditional nature of environmental crime,while insist that correct the crime under the traditional idea of mala in se.Specifically,the criminal subject scope,imputation principle and responsibility realization mode still has a strong traditional concept of crime,punishment and responsibility,and fail to analyze on the basis of the nontraditionla nature of environmental crime,which makes the study on enterprise environmental crime lack of features and pertinence.Aiming at the shortage of existing research,based on foreign related provisions,we should take certain measures to perfect the system of our enterprise environmental criminal responsibility,distinguish enterprise environmental crime and natural person’s crime,make the nature of enterprise environmental crime clear,specify liable person in the“ double penalty”,improve judicial efficiency;At the same time,we should introduce “the principle of strict liability” to eliminate the hardship of the subjective identification;At last,we should increase the qualification penalty setting on enterprise and perfect the non penalty measures to solve the problems above,so that we can do our utmost to realize the enterprisecriminal responsibility.