Study On The Ecologicalization Of Criminal Law On Mineral Resources Protection

In the beginning of 21 century,the Industrial Civilization is being converted to the Ecological Civilization.As a higher form of civilization,the later is supported by the ecologicalization of the law.This need not only shocked the present legal system a lot,which was founded on traditional development mode,but also forced us to coordinate our actual laws for developing ecologicalization of the law.Ecologicalization of the Law means a motive trend containing reformation in basic theory,value attitude and legislation.It injects the conception of ecologicalization into legal system,begins from sustainable development,bases legal value on behalf of both the people existed and the generations in the future,sets up legal ideology focused on interests of human and nature,gives priority to prevention in legislation,and regards the harmony of human and nature as the goal. Ecologicalization of the criminal law demands that we should coordinate,complete,and supplement the present criminal law, according to the conception of ecologicalization.It demonstrates the objective requests to criminal law reformation in the ecological civilization times,and makes the criminal law be more efficient in environment protection and sustainable development.Nowadays,the situation of mineral resources in our country is more and more austere.Exploitation without permission is not only causing huge economic loss,but also damaging the environment of human for living.Ulteriorly,it is threatening the economic and social sustainable development of our nation. Facing to the characters that crimes to mineral resources are potential and long-term,given the defects in ideology and system of criminal law for protecting mineral resources,this thesis discussed ecologicalization of the criminal law for protection of mineral resources concretely in four sections.The first section started from the concept of ecologicalization,analyzed and discussed clarification of ecologicalization of the law.Based on that,the author proposed ecologicalization of the criminal law for protection of mineral resources,and figured that we should melt the conception of ecologicalization to criminal legislation of mineral resources, and transmit the criminal law to the legal system which maintains the sustainable development of mineral resources.The second section of this thesis illustrated the reasons for ecologicalization of criminal law for protection of mineral resources from three facets,as the cruel reality of the damage happenned in mineral resources,defects in present laws for mineral resources and the attitude of sustainable development.The third section compared the system,recognition of crimes,object of protection and criminal punishments among China,Japan,the U.S.A.and Russia in the area of legislation of criminal laws for protection of mineral resources.And this section provided applicable experience for ecologicalization of the criminal law for protection of mineral resources.The fourth section focused on advising on the routes of ecologicalization of the criminal law for protection of mineral resources.The author figured that we should ecologicalize the criminal law for protection of mineral resources from making our value attitude be ecological,applying strict duty and increasing the methods to punish.