Research On Qualification Punishment Of Environmental Crime

Environmental crime has become a serious social problem, but it is difficult to fight and prevent it effectively in China's current punishment framework, its reason is mainly that, as one of the effective punishments for environmental crimes in our country, the qualification punishment has not been used for punishing criminal environment. This make enough legislation space for introducing penalty of qualification and setting environmental criminals. The environmental criminal qualification punishment is a punishment which deprives environmental crime subject to have and use certain right qualifications. Besides the general function,it coordinates fundamental punishment with the others, comprehensive prevents and punishes environmental crime. As a new punishment, qualification punishment of environmental crime has some advantages compared with other punishments qualification penalty and its defects can be avoided through building a set of scientific coordination applicable system.It's very necessary to set qualifications punishment of environmental crime in our country. Qualifications punishment of environmental crime has natural function for punishing environmental crimes and reflects more individual value of qualification punishment. Setting the environmental criminal qualification punishment is effectively to meet the needs of punishing environmental crimes in the current environment, compensate for the lack of legal punishment measure, agree with the penalty value needs and can perfect our current system of punishment, etc. For the feasibility of setting criminal environment qualification penalty, modern punishment development trend is its social base. At the same time, there are mature criminal law theory to support, existing realistic conditions, and foreign criminal legislation for reference. Because China's environmental criminal law mainly just includes freedom penalty and property punishment, environmental criminal law is so monotonous specie and lack of more function. For natural environmental crime, we should combine with legal system in existing qualifications punishment of legislation and judicial experience,modify existing qualifications punishment,and in further enrich the criminal environment qualification penalty species. In the environmental crime, a lot of crime act is done by company, therefore it is necessary to set environmental criminal qualification penalty for company, such as reorganization, deprivation or restriction of business activities, deprived of honorary titles and mandatory dissolution and so on. And based on this, we should establish an environmental crime qualification punishment division system, regain authority system, reduce penalty system, record destroy system, supervision and inspection system,and related legal application system, so as to improve the flexibility of criminal environment qualification penalty and incentive people who commit environmental crime to transform and return to society earlier.