Environmental Crime Prevention

Nowadays, as China’s natural environment continues to deteriorate, the environmental problem was still an outstanding problem during the economic and social de velopment. From time to time, some major and serious environment-destruction criminal reflected that the flaw of current regulation on environmental criminal still exists, of which imperfect prevention mechanism, inadequate measures and unscientific rules are the most prominent. So it is necessary to switch the conversion and canonical form, and study the reason and mechanization of the environment-destruction criminal from the angle of criminology to improve the effect of prevention, then to provide theoretical and countermeasures support for legislation and criminal-prevention system establishment of natural environment. Viewed from Criminology, using literature analysis, comparison, empirical study and case study, this paper intended to research from the canonical form of Criminal Law, Sociology, and Economics.In this paper, the basic research on environmental crime prevention follows the basic method and path of criminology research. O n the basis of analyzing the present situation of environmental crime prevention at home and abroad, this paper comes up with a n environmental crime prevention system according to the reason of environmental crime. Aiming at eliminate “germy individuals”, “crime situation” and “weakening social control” and combining actions of various subjects, an environmental crime prevention system consists of transverse and longitudinal staggered two sub-systems is constructed. The system meets the demands for a good system’s characteristics: integration, hierarchy, comprehensiveness and dynamic, which can give full play to the effective prevention of environmental crime. Among them, transverse subsystem is concentrated on crime prevention and victimization prevention. Longitudinal subsystem uses tertiary prevention theory for reference, according to the natural occurrence of environmental crime, dividing environmental crime prevention into “the first level of prevention”, “the second level of prevention” and “the third level of prevention”. As “the first level of prevention”, social prevention is the most widely defense in three-tier prevention system which is consisted of macro social prevention and micro social prevention. Macro social prevention includes establishing guiding ideology of prevention priority, improving plaintiff qualification in environmental public interest action system, seting up environment morals mentality and developing environmental protection industry. The defense fuction of micro social prevention is well played by self- improvement of family, school, community, enterprise and victim. Situational prevention is the second level of prevention, which connects the preceding and the following. Situational crime prevention includes increasing the effort, increasing the risks, reducing the rewards, reducing provocations and removing excuses. Criminal penalty prevention is the third level of prevention and also the last line of defense of environmental crime prevention. Criminal penalty prevention can be divided into environmental crime prevention by legislation and environmental crime prevention by judiciary. Environmental crime prevention by legislation includes establishing multivariate environment crime legislation mode, adding new environmental crimes, improving applicable principles of penalty and penalty types of environmental crime. Environmental crime prevention by judiciary includes establishing environmental judicial authentication institutions, using various theories to prove causal relationship, improving the professional level of judicial personnel, establishing linkage mechanism between environmental administrative law enforcement and judicial law enforcement, giving full play to the role of environmental protection court and constructing environmental protection police force.