Research On The Criminal Legislation Of Ecological Environment Crime

At present,the ecological environment crime has become the world's fourth major crimes,follwing the drug trafficking,counterfeiting and trafficking.The deterioration of the ecological environment will bring devastating disasters,ecological environmental crime is the worst damage behavior with serious harm,potential and transcend national boundaries and intergenerational.the criminal law is a last and the most severe resort to stop crime,protect the environment,ecological civilization,the implementation of comprehensive coordinated and sustainable development.The deterioration of the ecological environment problem has plagued our country,therefore,from the beginning of 1997 "criminal law",our country pay more attention to the protection of the ecological environment by the criminal law,although at that time,the ecological environment crime is to be protected for the environment management order,but also play a very important effect.With the development of the times,the development of theory of continuous environmental criminal law,enacted in the early stage of development of the socialist market economy of China's current "criminal law",there are many inelasticity,resulting in criminal law in the protection of ecological environment,education,evaluation and deter recovery functions not fully played out.In this paper through the comparative analysis,on the basis of respecting facts,the concept and characteristics of environmental crime,found the legislation of ecological crime criminal existence of humanism the light and heavy punishment prevention lagging legislation idea;mode of legislation is not scientific,there are scattered,low level of legislation and the power of the cross and so on;the content of legislation is not perfect,the scope of objects of protection,three main problems of the penalty system is not perfect.In the face of these problems,put forward the reform of China's existing environmental criminal legislation suggestions,first of all,the first to set the legislative concept of harmony,harmonious development adhere to the ecological environment and people,prevention;secondly,change the mode of legislation,improve the ecological environment as an independent chapter"criminal law" in crime in order to gradually reduce.From the property administrative legislation;third,perfect the legislation content,adjust the existing charges and charges increased to expand the range of adjustment,a reasonable set of freedom penalty and fine penalty,additional qualification penalty and other restorative punishment measures.