Environmental Crime Dangerous Criminal Legislation Of

In the process of social development, the global environment keeps deteriorating, as a result of reckless human activities, which leads to various forms of environmental crimes. Under such circumstances, laws against these crimes were made in all countries to strike down individuals who damage the environment. And all countries have laws, be it Civial Law or Common Law, to regulate such crimes, which are labeled in the form of Potential Damage to the environment. In China, Criminal Law sanctions the behaviors damaging the environment since more than twenty years ago. Also, in 1997, a special section about Environmental crimes was established in the newer version of Criminal law. However, due to the lack of theoretical background and practical understanding, there were many loopholes in that legislation. Those loopholes exist because only activities leading to tangible damages, not potential damages, are considered violations of the laws, which fail to protect our ecological system upon which we survive. Considering the actual situations of environmental crimes in China, and Environmental Laws against Potential Damage in other countries, it is not only necessary but a dire duty to systematically research on the legislations against potential environmental damage.This article is divided into the following parts:Introduction:We summarize the domestic and international scholars' research on establishing environmental criminal law. In the research methods, besides traditional methods, economic analysis, research methods and comparative analysis are also used.PartⅠ:An Overview of Potential Damage. Firstly, the concept of risk is analyzed: defining the concept of Potential Damage, distinguishing the differences between Dangerous and other related concepts. In addition, the legislation of Potential Damage in china is summarized, which provides theoretical support on legislating Potential Damage in Laws against environmental crimes in this paper.PartⅡ:the theoretical definition of Environmental Potential Damage:the environmental potential damage is conceptualized by classifying and assessing Concepts of environmental crimes in home and abroad. In addition, we classify the environmental potential damage crime and summarize the differences between the environmental potential damage crime other Dangerous Crime.Part III:Potential Damage legislative investigation of environmental crime at home and abroad:Dangerous Environmental Crimes in different countries under common law and civil law are investigated. And the current legislation situations in Chinese criminal laws were analyzed, which lead to the conclusion that it is urgent to legislate potential damage in environmental laws to protect environment.PartⅣ:The discussion of systematically establish Dangerous Criminal Law on Environment Crime. Considering the current situation, the lack of legislation against potential environmental damage, and theoretical background of environmental crimes, the necessity and possibility of legislate potential environmental damage are discussed, which includes suggestions to legislation, and how to establish the regulations of potential damage of environmental crimes in China.