Research On The Punishment Allocation Of Environmental Crimes In China

After decades of neglect of environmental conditions,only concentrate on the development of economic accumulation,leading to frequent environmental events occur frequently in recent years,has been close to the limit point of environmental.In the short term,major environmental events occur one after another,such as:the recent report of Hunan’s blood lead incident,Henan cancer village incident,Beijing atmosphere led to continuous fog and haze,etc..Environmental incidents is the inevitable result of long-term accumulation of environmental problems,the environment of repeated events mainly due to environmental criminal punishment is relatively light,although the harmful consequences caused by the behavior of people is very serious,but almost no criminal responsibility or be held criminal responsibility in light of light,and the causal relationship of the crime is difficult to identify,the manufacturing environment is secure to rely on doing illegal crime,in a flagrant way.However,the imperfection of the penalty system hinders the development of the penalty function,which makes the criminal law benefit is not good.Legislation is the first step to punish crime,legislation is not perfect,it is difficult to play the role of criminal law,to achieve the desired purpose.Therefore,this paper focuses on the improvement of the legislation of environmental crime,in order to promote the legislation.The full text of about 34000 words,in addition to the introduction and conclusion,the main body is divided into five parts:The first part,the main characteristics of environmental crime are summarized:environmental crime is corrupt,a larger proportion of unit crime,crime serious consequences and environmental repair,and make necessary explanation,provide the basis for the perfection of the crime penalty.In the second part,the author discusses the requirements of the allocation of the penalty of the environmental crime,and expounds in detail from the following aspects:the general requirements of the allocation of punishment and the special requirements of the environmental crime.The environmental crime penalty configuration first subject realized in the penalty crime prevention and restoration of the environment to the second penalty configuration to comply with the basic principle of suiting punishment to crime and the principle of economy,once again the penalty arrangement should be strict in order to achieve the diversification of the crime of criminal punishment and adapt to the requirements of the legislation on environmental crime,penalty finally to consider the characteristics of crime of the crime so that the penalty arrangement is more targeted and effective.The third part,summarizes the current criminal law of our country,and then expounds the shortcomings of the existing provisions.Mainly elaborate from four aspects:the legislative idea of punishment backward,only pay attention to the punishment of criminal neglect of environmental restoration;penalty;freedom penalty is light;the amount of the fine penalty and the applicable way are general provisions is not perfect.The fourth part is about the investigation and reference of the penalty legislation of foreign environmental crime.This part uses comparative analysis and inductive method to analyze and compare the legislation of environmental crime in foreign countries,Taiwan and Hongkong.Finally,from the legislative concept,the penalty system,the types of penalties,and other aspects of the analysis of the advantages of foreign environmental crime penalty legislation,take the essence,for reference.The fifth part puts forward suggestions to improve the environmental crime,according to the above analysis of the penalty and the relevant legislation on the extraterritorial experience,respectively from the improvement of punishment legislation idea,increase the types of penalties,such as qualification penalty,improve freedom penalty,perfecting the rules of fine penalty four to amend the environmental criminal punishment.So that the penalty of the crime is more conducive to the realization of the purpose of punishment.