A Study On The Non-penalty Measures Of Punishing Environmental Crimes

with the improvment of the status of criminal law in the environmental protection wor-k, academic research on environmental crime are also constantly deepening. Currently, the vast majority of scholars have already achieved a high degree of agree with the realization way of the environmental criminal responsibility should include criminal penalty and non-penalty measures. But these important problems, what is the non-penalty measures of punish-ing environmental crimes, what is practical basis for applying non-penalty measures, how tobuild a scientific system of non-punitive measures, and how to properly apply non-penalty measures, of which there can learn from foreign experience and so on are the lack of dwe-lling on. This article is trying to explore these issues, to expect serve as a catalyst, and pr-omote the study of non-penalty measures on environmental crime.Based on "one of the practicable methods of non- penalty measures criminal responsibility" , " applying non- penalty measures does not against the 'legality' principle ", through to the non-penalty measures and other legal responsibility of realization of the discriminant analysis, spe-cific to environmental crime context, we can believe that "non-penalty measures of environmental crime" is other measures to achieve environmental criminal liability, after the occurrence in envi-ronmental crime taken by criminals to prevent further crimes, remediation of environmental da-mage to make up for losses suffered by the victim, exclusion control, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, a fine, deprivation of political rights, confiscation of property out of eight penalties.The reason for punishing environmental crime apply non- penalty measures, is the inevitable outcome of the development of environmental protection thought, but also is caused by defects in our current environment criminal penalties , Looking abroad, there have already nation applied non-penalty measures in the environmental crime punishment, the recidivism conditions of crimi-nals are limited, giving full play to the criminals in dealing with the enthusiasm of criminal environ-ment consequences.For our country, perfect non- penalty measures system should include three categories, namely prevention of criminal recidivism measures, remediation of environmental damage measur-es and measures to compensate for the loss of the victim. Among them, the prevention of criminal recidivism measures should include educational measures, prohibit measures and relief mea-sures; remedy the damage to the environment include the original measures to restore the damaged environment and other remedial measures; to make up for the loss of victims include the victim to compensate for material and spiritual comfort.Practice for applying non- penalty measures, should understand the dialectical relationship be-tween the human and the nature,in the pursuit of the human and the nature harmonious coexistence, advance-harmony, keeping a reverence for life, compassionate heart, through the direct applica-tion by the court or entrusted to other organizations apply ,avariety of non-penalty measures com-bined application of measures and non- penalty used jointly with penalties measures and so on many kinds of ways, together to achieve harmonious development between the human and the na-ture.