The Research Of The Early Treatment Of Criminal Law Of Environmental Crime

The early treatment of criminal law of environmental crime can stop the environmental pollution crime,and it also prevent environmental crime positively.Complete with other countries,the criminal legislation of environmental crime is late in China,it was until in 1997 that the section of "the crime of protecting the environmental resources" was set up in the "criminal law",which is used to govern the environmental crime.The amendment of the criminal law amendment(eight)to environmental crime in 2011 reflects the trend of the early treatment of the criminal law of environmental crime.The governance of environmental crime in Western developed countries can be found that every country solves the environmental problems by the means of administration at the beginning.With the increasingly serious environmental problems,all countries regard the interests of environmental law as an independent law through giving play to a preventive effect in the criminal law.They began to govern the environmental crime by the means of criminal law,and punish the potential damage offence of environmental crime,which realized the early control of environmental crime by criminal law.There are two kinds of voices in the criminal jurisprudence of China in the early stage of the governance of environmental crime in the criminal law.The opponents believe that the early stage of criminal law governance of environmental crime violates the criminal law modesty,and it based on the "risk criminal law" and "eco centrism",which is not scientific and unreasonable.The proponents believe that the amendment to environmental crime in the criminal law amendment(eight)reflects the early stage of criminal law governance in environmental crime.Moreover,the early stage of criminal law governance of environmental crime has not impacted the modesty of criminal law,and it has been able to protect the environment better.In fact,the early stage of the environmental criminal law governance does not violate the modesty of the criminal law,and environmental criminal law itself also determines that the dangerous crime should be set up;early environmental criminal law governance also conforms to the modern criminal law by the punishment of preventing the development trend in advance,which can better protect the environment benefit and realize the effective governance of environmental crime.From a comparative perspective,there are still many shortcomings in the early treatment of criminal law of environmental crime in China.Therefore,we should improve and perfect it from the following aspects: firstly,we should consider the clarity principle of criminal law as a guide and make the environmental criminal law provisions more clear and specific.At the same time,we should abandon the outdated anthropocentrism and establish the modern and comprehensive ecological holism.Secondly,we should perfect the mode of environment crime legislation,realizing the legislative mode of the integration to separation,coexistence,the criminal code to separate criminal law and accessory criminal law from the separation of substantive law and procedural law to the integration.Thirdly,we should separate the environmental crime from the crime of disrupting the order of social administration of independent and set up the crime of "chapter".Finally,we should modify and integrate existing charges,add new charges,expand the scope of environmental criminal punishment,punish the environmental crimes,and criminalize other acts that closely related to the crime of polluting the environment.In the meantime,we should improve the environmental crime penalty system,we should give full play to the role of the qualification penalty,property penalty and non-penalty measures in crime prevention and governance environment.