| The environmental problems are related to the survival interests of the present and future generations of mankind.In order to protect the environment and control environmental pollution,environmental criminal law has been adopted by more and more countries.In the theoretical circles,when discussing the application of penalty,many times mentioned that fine penalty has special application meaning in environmental crime.And strongly appeal to expand the scope of the application of fine penalty in environmental crime,so that the punishment of environmental crime is more suitable for the regulation of environmental crime and to protect the environment.This article will make an analysis on the applicable theory and judicial practice of the fine penalty in environmental crime,in order to explore the new way to apply the fine penalty in the environmental crime in China,which will divided into six chapters.The first chapter introduces the present situation of environmental protection in China and the research background,value of theoretical research and the guiding significance of judicial practice in environmental crime.Secondly,it summarizes the relevant research status on the application of environmental crime fine penalty at home and abroad,and expounds the research methods and innovation on this basis.In the second chapter,the basic concept of fine penalty is defined first,and the different types of the two aspects of the fine penalty in the applicable way and the penalty standard are discussed,and the nature of the fine penalty with the administrative fine in the punishment,the degree of pain and the distinction between the punishment and the execution are divided.At the same time,this paper analyzes the special significance of the fine penalty,which is applicable to the subjective crime purpose of the greedy type of the environmental crime,the more organization of the criminal subject and the complex nature of the legal benefit of the crime.The third chapter makes a thorough and detailed analysis on the current situation of the current judicial application of the application of a single form of penalty in the application of the fine penalty in China’s environmental crime,the applicable standard is not clear and the scope of application is narrow,and the current situation of the current judicial application is high and the implementation rate is still low.In the fourth chapter,after comparative study on the application of environmental criminal fine in typical countries of common law system and continental law system,found that the characteristics of these countries are: the applicable forms are different,the applicable standards are more clear,the scope of application covers negligent environmental crimes,the exchanged penalty system is adopted.The fifth chapter,through the present situation of the applicable legislation and the existing problems of the fine penalty at home and abroad,summarizes the problems of the application of fine penalty in environmental crime in China: the excessive application of the fine penalty is not conducive to the prevention and regulation of the environmental crime,the application of the standard is not reasonable to the judicial justice and the judicial authority,the enterprises and natural persons in the penalty execution faced with difficulties.The sixth chapter,mainly in view of the problems existing in the application of fine penalty in the environmental crime of our country.At the legislative level,we should make more suggestions on the application of single penalty and election penalty and the application of double penalty system on the fine standard;In the execution of fine penalty,we should set up the qualification restriction for enterprises and recommend the exchanged penalty system for natural persons. |
