Research On The Legislative Style Of Environmental Criminal Law From The Perspective Of Ecological Civilization Construction

During the implementation of the Criminal Law of 1979,the criminal law legislation of environmental crime in China was mainly composed of subsidiary criminal law,which had a pluralistic legislative style of both criminal code and single criminal law.Environmental crimes are stipulated in the Criminal Code,the Single Criminal Law and the Subsidiary Criminal Law,which makes the provisions of the Criminal Law on environmental crimes dispersive.After the amendment of criminal law in 1997,the legislative style of environmental criminal law in our country has changed from pluralism to simplicity,adopting the legislative style of codification,putting environmental crime under the crime of harming the social management order.However,the codified legislative style adopted by the current environmental criminal law in our country is not only difficult to fully reflect the basic requirements of the construction of ecological civilization for environmental criminal law,but also difficult to effectively achieve the organic coordination between environmental criminal law and environmental(administrative)law.At the same time,it is unable to highlight the particularity of environmental crime and its governance in substance and procedure,which results in the governance of ecological environmental crime.Obviously,the function is insufficient.In foreign countries,environmental criminal law legislation in many countries is earlier than that in China,and has accumulated rich legislative experience.Germany,Russia and other countries adopt a codified legislative style,mainly by the criminal code to regulate environmental crime,while supplemented by subsidiary criminal law.Japan,Brazil and other countries have adopted a single criminal law as the main legislative style,mainly by the single criminal law to regulate environmental crime,supplemented by subsidiary criminal law.Britain,the United States and other countries adopt the legislative style of subsidiary criminal law to stipulate environmental crime in other laws.Legislative style of codified criminal law has the advantages of unified structure,strong logic,strong stability and authority,but its shortcomings of lagging and non-extensiveness are more prominent.Under the legislative style dominated by single criminal law,single environmental criminal law has unified structure,flexible amendment and high degree of connection with procedural law,but it has high legislative technical requirements and difficult legislation,which easily impacts the commanding position of the criminal code.The legislative style of subsidiary criminal law has natural professional advantages in grasping the prospective and lagging nature of environmental criminal law in controlling crimes.It can balance the clarity and fuzziness of environmental criminal law norms,limit the negative effect of blank crimes,and save legislative costs,but it can also easily promote the arbitrariness in combating environmental crimes.In contrast,the legislative style of special criminal law has more advantages.Establishing the legislative style of special criminal law is the basic requirement of promoting the construction of ecological civilization.It can take into account the particularity and subsidiary characteristics of environmental crime,promote the independent status of environmental crime,and overcome the inherent and self-extinguishing drawbacks of codified legislative style.At present,our country has a strong legislative team,superb legislative technology to ensure the formulation of special environmental criminal law.Foreign countries have rich practical experience of "diversified" legislative style for reference,but also conform to the development trend of world criminal law.Under the special criminal law legislative style,the basic task of the single criminal law is to maintain the unity and stability of the environmental criminal law,and to coordinate the substantive law and the procedural law.Its content consists of general principles,sub-rules and supplementary provisions.The subsidiary criminal law plays a supplementary Construction of ecological civilization and auxiliary role to the single criminal law.The core of the basic task is to enhance the flexibility of the environmental criminal law,coordinate the relationship between the environmental criminal law and the environmental(administrative)law,and make legislative preparations for the future improvement of the single criminal law.