Research On Legislation Of Environmental Crime In China

With the continuous development of China’s economic society and industrialization process,people inevitably cause some damage to the environment in the process of environmental transformation and utilization of natural resources,which leads to the frequent occurrence of environmental problems,such as air pollution,water pollution,haze and so on.With the increasingly serious environmental problems,the phenomenon of environmental crime is also increasing.The impact of environmental crimes on the environment is often serious or harmful.Compared with some other countries,China’s legislation on environmental crimes started relatively late.After overhaul in the current criminal law and the revised parts several times,and stipulation on the crime of the environment than the Criminal Law in 1979 had great progress and improvement,such as set up a section to focus specification about environmental crime stipulation,increases the environmental crime related charges,the unit can also pose environmental crime subject and general provisions of the fine punishment and applicable.However,with the continuous development of environmental crimes in their behaviors,ways,means and techniques,and the inherent characteristics of the law itself,the current criminal law is not satisfactory in the punishment of environmental crimes.Germany and Japan,and countries such as England and America for legislation of environmental crime started earlier,so its about environmental crime legislation system is more perfect and scientific,therefore,in the study of China’s environmental crime legislation,can draw lessons from experience of some advanced countries and good practice,thus targeted consummates our country the environment criminal legislation,make the criminal law as the end of the social security barrier function into full play.The main body of this paper consists of five chapters.The first chapter is the introduction,which mainly introduces the purpose and significance of the research,the research status at home and abroad as well as the research ideas and methods.The second chapter is a summary of environmental crime,firstly is to define the concept of environment,and then to Chinese scholars about the comparison and analysis on the concept of environmental crime,crime on the environment can have a clearer cognition and accurately,and lays the foundation for environmental crime legislation perfect,in addition,there is about the analysis related theory of environmental crime,mainly for the object of environmental crime,environmental crime should in dangerous crimes expounds and analyzes.The third chapter is our country the environment criminal legislation present situation,at the beginningof the chapter introduces the present situation about environmental crime legislation in our country,then to our country environment criminal legislation of summary and evaluation on the progress and development,finally summed up the current our country of the defects in the legislation of environmental crime such as though environment criminal charges were increased,but charges system is not perfect,some new type of environmental crime is not incorporated into the scope of criminal law to punish,the lack of provisions and application of dangerous crime,unreasonable provisions on the constitution of some specific crimes and defects in the penalty system.The fourth chapter is the foreign environment crime legislation present situation and the revelation,through to the Civil Law System countries represented by Germany and Japan and the Common Law system countries represented by England and America about the present situation of environmental crime legislation is introduced,so as to compare and analyze,and combined with the deficiencies in the relevant aspects of current environmental crime legislation in China summarized in the previous chapter,the advanced legislative experience and scientific and reasonable legal system are summarized,so as to draw lessons from the perfection of current environmental crime criminal legislation in China.The fifth chapter is suggestions to perfect our country environment criminal legislation,which is the third chapter concludes the shortcomings,puts forward some perfecting suggestions,such as perfecting the environment crime charges system,more need not protect the environment elements into the criminal law protection range,in part to add dangerous crimes in environmental criminal law and perfecting environmental crimes constitute regulations and the relevant punishment system,in order to better able to punish environmental crime and protect the environment more effectively.