Environmental Pollution Crime And Its Perfection On The Foundation Of Eco-Centric Legal Interests

After economic reform,our country gradually exceeded into the industrial society,and people put more emphasis on environmental protection and pollution control.Constitutional Law demand all of us protecting environment,and more and more regulations and rules relating to environmental protection have gotten published in recent decade years.So everyone pays more attention to this problem.Enactment of the 8th Criminal Law Amendment and relevant judicial interpretation draws more interests of legal scholars and the public to this legal issue.Recent years,disputes over Environmental Pollution Crime never end,and study on how to improve legislation of Environmental Pollution Crime is not systematic enough.So,this thesis devotes to the study of legislation history of Environmental Pollution Crime and the change of environmental ethics in our country,and also analyses its legal interests,explains the subjective aspect,accomplished offense criterion and improvement of Environmental Pollution Crime.This thesis consists of an introduction and four chapters.There's two parts in chapter one.The thesis studies the legislation history of Environmental Pollution Crime and change of legislation and protection ideas in our country,as well as the legislation mode and guidance in both civil law countries such as German and Japan and such common law countries as America and England,which can enlighten the legislation in our country.Chapter two is related to legal interests' dispute on Environmental Pollution Crime.This thesis investigates deep into management order,people's life and treasure and environment as legal interests,and comes up with Eco-Centric Legal Interests,which accords with the requirement of criminal nomology,environmental ethics and the latest international environmental protection concepts.Chapter three resolves the problem of the subjective aspect and accomplished offense criterion of Environmental Pollution Crime.This crime is both intentional and negligent crime for the reason of only identifying one will lead to the indulgence of crime,although the majority of criminologists think it belongs to intentional crime.Besides,Environmental Pollution Crime is both consequential offence and circumstance crime on account of legal provisions and criminal theory.The last chapter is mainly about how to improve the legislation.The first step is to reconstruct the crime constitution and punishment system,extend the limitation of prosecution and use strict liability in environment pollution crimes.The next step is to link up Criminal Law and Criminal Procedural Law,Criminal Law and Administrative Law,and in which way promote protection of environment.Hope this thesis can give advice to legal practice and legislation improvement of environment cases and law.