The Legislation Of Punishment And Prevention On Environmental Crime

Contemporary environmental issues presented by the complexity and diversity, but also must determine the special nature of environmental crime. Although China has gradually formed a legal system of environmental crime, but there are still some shortcomings, the current criminal legislation of environmental crime cannot satisfy the legal practice. Timely detection and prevention of punishing lack of environmental crime legislation, serious environmental crime legislation put forward a sound and reasonable suggestions, is the top priority. This article is divided into four parts of punishing and preventing environmental crime of the legislative issues discussed.The first part discusses the concept of environmental crime and the causes and characteristics. First, the name of environmental crime from the start, made the difference on the concept of environmental crime, and thus leads to the problem of defining the concept of environmental crime. I believe that the concept of environmental crime should be broad and narrow two explanations. The incidence of environmental crime has its specific reasons, including not only social factors, individual factors, the reality factor, and the relevant laws and regulations is not perfect, the law enforcement system is not perfect, with the relevant government departments can also be a cause of the environment is not fully the causes of crime one. In addition, environmental crime has many characteristics different from other crimes, the first, most of the existing environmental crime is out of the pursuit of economic interests; the second, the subject of crime and more common for the legal person; Third, the environment, crime the environment as media, with the characteristics of indirect; fourth, environmental crime has the potential, and its consequences of criminal behavior and the extent of damage is often difficult to timely and accurately defined; Fifth, the vast majority of environmental crime is a criminal negligence, and its criminal purposes is often out of the pursuit of economic interests; Sixth, the behavior of environmental crime will cause serious damage to the consequences of the great harm; seventh, most of environmental crimes came to bear civil liability and compensation for victims economic losses.The second part discusses the punishment and prevention of environmental crime legislation. First, a brief introduction an overview of international environmental criminal legislation, the international criminal legislation on environmental protection on a series of major events, not only shows that the gradual strengthening of the international community's environmental awareness, and will promote environmental protection in the international and national criminal legislation further development. Secondly, the already existing legislation, analysis of foreign legislation punishing environmental crime patterns can be divided into three categories: first, the provisions in the Penal Code of environmental crimes section of a chapter or post. Punish environmental crimes in China is also using this legislative model. Second, the enactment of environmental crime is in particular criminal law. Third, protection of environmental resources is in the criminal law to set the terms. Currently many countries using this model, primarily common law countries, specific provisions in the form will be different. Again, the focus of our interpretation of the evolution of environmental crime and the status of criminal legislation, including the new, "criminal" before the promulgation of legislation punishing environmental crime survey and the new "criminal" for the "crime of destruction of environmental and resource protection" provisions. It introduced the promulgation of amendments to acts of environmental crime and criminal responsibility practices and problems before the new "Criminal Law". In the new "Criminal Law" before the promulgation of amendments to punish environmental crimes are prosecuted for criminal liability in three ways: First, the direct reference to the original 1979 "Criminal Law" or criminal special law; Second, environmental regulations under various provisions of the environmental crime; third apply by analogy principle. March 14, 1997 the Eighth National People's Congress by the Fifth Meeting amending the "Criminal Law" specifically in Chapter VI established the "crime of destruction of the environment resource protection," provides for 14 types of damage to the environment and natural resources, criminal acts, while "Criminal" specifies a unit of crime. This is the criminal use of weapons to protect our environment and resources, a major turning point and progress.The third part analyzes the dialectic of punishing and preventing environmental crime legislation is missing. First, the legislative style is unscientific. While the new "Criminal" dedicates a section on "damage to the environment conservation hunting", but will be included in Chapter VI of environmental crime "Against Social Management of Order", this approach is defective. Second, narrow the scope of legal protection of expression is unknown. Although the new Penal Code provides for a total of 14 counts of environmental crimes, but the specific charges have been, there has been no comprehensive, not the system, expressed the problem is unknown, and because of new environmental problems continue to emerge, the need for new environmental crime in the law to further clarify the provisions. Third, the circumstances of a crime shall not accurate. Including vague definition of the object, the lack of objective requirements of the Dangerous, defective subjective responsibility principle. Fourth, the penal system is unreasonable. At present, China is not only the existing penalties under environmental crime is generally low, and the penalties for environmental crime as a major criminal fine penalty measures failed to play its desired effects.The fourth part is by improving the environment of punishing and preventing crime legislative proposals. Punishment and Prevention of Crime improve the environment has important theoretical and practical significance. Improvement of environmental crime, punishment and prevention of the legislative proposals include the following aspects: First, the legislative system improvements. As the special nature of environmental crime, environmental crime is necessary to separate chapter. Second, the legislation expanded the scope of protection. To enhance the reality and predictability of the law, the scope of criminal law protection of the environment factors should be gradually expanded. Third, the circumstances of a crime clear, which includes the redefinition of the object, objectivity Dangerous additional, subjective aspects of establishing the principle of strict liability. Fourth, the penalty system improved. Including improving the application of criminal penalties, in accordance with the principle of adapting criminal culpability to establish penalties range of scientific, non-punitive measures will be important supplemental measures as punishment.The analysis is not difficult to see that punishment and prevention of environmental crime in the legislation, there are still many problems. Improvement of environmental crime of criminal legislation, not only adapted to the needs of legal practice, but also can be used to respond to emerging environmental issues, environmental crime punishable new. In short, punishment and prevention of environmental crime legislation, remains a significant issue in urgent need of scholars to a deeper level of theory.