| With the high development of industry and more frequent economic transactions ,the emergence of the highly dangerous industry, and more and more serious environmental criminal offences like the environment pollution, environment destruction ,the environmental problem has already become a serious universal social problem, and what is worse is that it have already threatened the whole human living condition . Under this background, the law has paid more attention to the protection of the whole social interest instead of just caring about protecting the individual right, and then began concerning about the protection of environmental elements nowadays. Corresponding to this changing trend, the ecologicalization of Criminal Law on environmental protection has being reformed and has brought about profound theoretical and realistic meaning to today's Criminal law reform. This thesis consists 3 sections as follows:Section 1 begins with the examination of the definition of ecologicalization from perspectives of sociology and law circles. Thus lead to the concept of the criminal legal ecology of environmental protection. Meanwhile ,this section demonstrate its necessity from perspectives of current environment crime situation and legislation with regard to this trend.Section 2 analyzes in detail the realistic foundations for ecologicalization of Criminal Law on environmental protection. The formulation and development of environmental ethics and sustainable development view have established the solid thought foundation for this changing trend, the criminal legislative practice of environment law in the western industrially developed countries has offered us the advanced experience that we can refer to, thus make it feasible that the ecologicalization of Criminal Law on environmental protection be carried out in our countrySection 3 focuses on the alternative approaches to the ecologicalization of Criminal Law on environmental protection in detail, some of the implications of this thesis are:(1)It's necessary to transform the traditional criminal legislative values focusing on people first.(2)Substantiate the criminal law task or function to environmental protection.(3)Reconstruct the constitutive elements of crime theory of the environmental crime, aggravate the regulation that made to the environmental dangerous criminal.(4) Enforce more severe responsibility and punishment on some special environmental crimes.(5)Develop new ways and issue new articles to the penalty of the environmental crime. |
