| Eco-environment is the cornerstone of human survival and development,but with the continuous renewal of human productivity,people gradually developed into plunder and invasion of nature.People are no longer satisfied with the need of human life and development from the environment,but constantly sacrifice environmental interests to pursue economic benefits.Over the past hundred years,there have been many environmental problems in most countries..Since the last century,countries have used criminal law to suppress environmental problems.Environmental criminal law is an important means of regulating and controlling environmental problems,but the current legislation of environmental crime in our country has not enough stamina to restrain environmental crime.There are still some problems to be improved in our country’s environmental criminal law.Starting from the debate on the basic concept and characteristics of environmental crime,the article bases on the actual situation of legislation in our country,the article puts forward some suggestions to improve the existing problems of environmental crime legislation in China.The article is divided into five parts:The first part defines the basic concepts of environmental crime from the perspective of protecting legal interests,answers what environmental crime is,and analyses the characteristics of environmental crime such as complexity,administrative attributes and latency.In order to define environmental crime accurately,it is necessary to clarify the legal interests of environmental crime protection.And,this part also introduces the evolution of environmental crime legislation.The legislation of environmental crime in our country has mainly gone through three stages.From the initial "zero" environmental criminal law to the present environmental criminal law system,the legislation of environmental crime in our country has gone through a long and arduous road.In the theoretical circle,there are always debates on the legal interests of environmental crime,namely,the human-centered legal interests,the ecological-centered legal interests and Compromise theory.Therefore,the article introduces three legal interests in detail.The second part,based on the basic pattern of our current environmental criminal law and the advantages and disadvantages of the three views of legal interests,analyses them from two perspectives of theoretical rationality and practical feasibility,and puts forward that Compromise theory of legal interests is the most suitable legislative concept for our current environmental crime legislation.In the third part,from the perspective of Compromise theory and the actual situation of environmental crime in China,the author points out that the legislative concept of environmental criminal law in China is too humanistic,the imperfection of the accusation system and constitutive elements of environmental crime,and the lack of Non-penalty measures,etc.The fourth part is to analyze the environmental criminal legislation in many countries of extraterritorial civil law system and common law system,and put forward suggestions to improve the environmental criminal law in combination with the existing problems in our country.The fifth part is from the legislative concept,clarifying that the protection of legal interests of environmental crime includes not only human interests,but also the protection of legal interests of ecology,that is,the protection of the environment itself.It is proposed that the horizontal protection of the environment should be increased first,that is,the protection of grassland and wetland,which are two environmental elements,should be enhanced;and secondly,the protection of ecology should be deepened.Longitudinal protection of the environment is to increase the crime of invading alien species and ensure the good operation of the ecological environment.Subsequently,the article proposes to increase the dangerous crime of environmental crime in order to expand the scope of environmental crime regulation and clarify the forms of environmental crime.Finally,the article holds that in order to restore the vitality of the polluted or destroyed environment and make it possible to restore the previous non-penalty measures,including ordering remediation and time-limited treatment. |
