Research On The Early Stage Of Criminal Governance Of Environmental Pollution Crimes

With the development of China's economy,environmental pollution is gradually aggravating,and the concept of building a good ecological environment has been paid more and more attention,which is reflected in the change of legislation on environmental pollution crime in criminal law.Therefore,in order to prevent and punish environmental pollution crime,the trend of early governance of environmental pollution crime has been strengthened in recent years,The amendment of the new 338 environmental pollution crimes is an obvious link.The revised new 338 environmental pollution crime reflects the tendency of preventive legislation and early governance,reduces the threshold of criminalization,focuses on positive general prevention,and reflects the determination of the state to protect the environment.However,the focus of governance has shifted from afterwards to beforehand,which has an impact on the original system of environmental pollution crime,and there are still incompatibilities There are some problems to be solved in legislation and judicature.Under the background of rethinking the preventive criminal law,this paper reexamines the phenomenon of early governance of environmental pollution crime,and reviews the above logical relationship and problems.On the one hand,the problem and dilemma of the early governance of environmental pollution crime come from the prevention of criminal law itself,on the other hand,it comes from the current legislative technology.In the future,the path to solve this problem can seek the comprehensive adjustment of criminal law dogmatics,criminal policy and Criminology within the criminal law theory,and administrative law outside the criminal law system.At the same time,combined with foreign experience and theory,to explore an early solution of environmental pollution crime governance with Chinese theoretical characteristics in line with China's national conditions.This paper is divided into five parts.The first part:a general survey of the current situation of the early governance of environmental pollution crime in China.Firstly,a brief review of the changes from the norms to the contents of the environmental pollution crime in China is made to explain the content of the specific early governance mode of the current environmental pollution crime;Then,in the background of risk society,this paper makes a theoretical summary of this trend.The emergence of early governance of environmental pollution crime is the expression of preventive criminal law in risk society;Thirdly,from the perspective of crime constitution and penalty,the paper summarizes several characteristics of the early governance of environmental pollution crime in China:the criminal law intervenes in advance,the scope of the crime is expanded,and the punishment is aggravated.The second part analyzes the trend,value orientation and theoretical basis of the early governance of environmental pollution crime.This paper first analyzes the external conditions,the emerging risk society phenomenon in China,and the preventive criminal law concept brought by the risk society,and explains that the early tendency of governance of environmental pollution crime seems to be contrary to the modesty spirit of traditional criminal law theory,but in fact it still follows the principle of legality and modesty spirit of criminal law,which has a fixed practical basis and theoretical background.In addition,from the perspective of the dogmatics of criminal law,the theory of legal interest of environmental pollution crime has experienced the evolution from the theory of human centered legal interest to the theory of ecological human centered legal interest;From the perspective of criminal policy,the early governance of environmental pollution crime conforms to the current criminal policy of temper justice with mercy.The third part:combing the current situation of the early criminal governance of environmental pollution crime in China,from three perspectives:the poor connection with the execution of the prepositional law,the lack of clarity in the criminal law itself and the conviction boundary of environmental pollution crime.As a statutory crime,the connection between environmental pollution crime and the preceding law(administrative law)involves the standard of conviction mode;Observing the constitution of the crime of polluting the environment,the expanded 338 articles need to determine the boundary of the crime.The above three angles are the analysis of the early governance of environmental pollution crime.The fourth part:To investigate the phenomenon of the early governance of environmental crime outside the territory,and study the laws and regulations outside the territory,which has reference significance for the development of our country's law.Throughout the world,environmental pollution crimes are increasing in the process of industrialization.Both Germany and Japan in the civil law system and countries in the common law system face the threat of ecological environment deterioration earlier than our country.Therefore,it is of great significance to understand the experience of foreign countries in the treatment of Environmental Pollution Crimes in order to improve our country's environmental pollution crimes,The mode of conviction and the constitution of crime.The fifth part:the legislation and judicial improvement of the early criminal governance of environmental crime,combined with foreign practical experience,respectively from the clear legislative content of environmental pollution crime,mainly from the perspective of crime composition,clear accomplished form and responsibility level;Under the background of the unified criminal code,a special chapter is set up to deal with environmental crimes;To break the shackles of administrative subordination of administrative crime,judicial practice and the convergence of criminal law,this paper puts forward suggestions to further improve and develop the early governance mode of environmental pollution crime.