| The environment issue is in the world regarded as an important factor which influences the improvement of people' s living standard and the stable. Continuous economic development. In order to protect and prevent the environment being destructed a lot of countries have adopted Various measures including law to punish the illegal activities affecting the environment. The criminal law is more and more widely used in environmental protection. It plays a vital role in curbing environmental crimes and strengthening the authority of environment lated executive bureau. Nowdays , the environment issue in our country is increasingly serious. What' s worse, the parts on environmental protection in the statute book of 1997 can not meet the objective needs to Curb the environmental crimes.1 , The concept of "Environment" as the target of law protection. The "environment", as the target protected by law, is characterized with space, substance and conformity. As the impact human activities have on nature in depth and width develops and the human understanding of the impact the universal matter has on human body progresses, the space of the environment and its matter advances. The nature of "environment consists of natural material elements. Those activities of human being will influence the environmental elements and cause the regional systematic biological imbalance. The definition of "environment", according to <> , is the entirety of both natural and man- reformed, Which influences the human survival and development. It includes "atmosphere, water, sea, soil, mine, forestry, prairie, wild animals, natural relics, reservations, scenic attractions, city and countryside ... The definition starts from the perspective of biological morality of human-centered theory, and it emphasize the human values and rights. Nowdays, since we are all at the stage of biological civilization, We should base our understanding of theenviron- ment on Non-human-centeredism. In legislation, both ecology and environmental protection must be prioritized . Meanwhile, as the human understanding of the nature contanues to develop , the area of environment will also be constantly expanded . The definition of the environment should be open-ended . So the author thinks the environment , as the target protected by law , should not only be the natural elements influencing human survival and development , but also include all kinds of elements both natural and man-made which have a great impact on the harmonious co-existence between mankind and nature .2, The concept of environmental crime and its characteristics Due to the difference among legal cultures and rituals , of different countries , the wordings of environmental crimes are quite different . We begin wint the two great legal setups : the British and American legal setup and the continental legal setup . Generally , the conceptual wording of British and American legal system is characterized by the principle that all actions , regardless of their degrees or levels ,as long as they influence the environment in a negative way . Will be regarded as crimes .On the contrary, cortinental legal system just regards the severe actions influencing environment as law - breaking , Domestically , The concept of environmental crime can even be demonstrated expressed in about ten days . And those different ways could be summed up as the following, the vile conduct and severe consequence constitute the environmental crime ; many of the concepts have stated expressly . The environmental crime is the environmental crime kind and breaks . The regulations of environment protection . The author holds the opinion that the environment crime is a concept of one category , because the conviction depends on the degrees of the severity and different components . Secondly . not all the administrative voliations are environment crimes . Only when the contemporary approaches could ' nt contain this action should it be criminalized in legislation . As a result, only the severe conducts... |
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