Research On The Rationality Of Adding Dangerous Crimes In Environmental Criminal

In recent years, with the rapid development of economy of the world, our humanbeings are also more extravagant to the nature, the frequent accidents ofenvironmental pollution are increasing, which has been a serious threat to the survivaland development of the entire human race. The whole world takes various means tosolve the environmental problems, especially by means of criminal law to cope withenvironmental crimes, punishing the severe damage to the ecological environment ofthe criminals. Comparing with the experience of environmental criminal legislation ofthe western countries, our country needs to set up the environment crime dangerouscrimes, and it has become a common feature.With the ecological environment in our country worsening, the legislators alsorecognize the importance of ecological environment protection, so the criminal law in1997“hindrance social management order crime” added the chapter “the crime ofdestroying of environment and resources protection”, it can solve China’senvironmental crime legislation which could not be in accordance with the situation.But affected by the traditional law and the present situation of the high-speedeconomic development, China’s environmental crime theory failed to keep up with thepace of the times, still can not fundamentally solve the problem of environmentalcrime. This is mainly manifested that our country environment criminal punishment isstill mainly on the premise of the actual damage caused by the results now, which isgiven priority to with real harm to make punishment, although it also has thestipulation which violates punishment behavior, but quite few in number. As a result,the dangerous crimes, making the behavior of the buffer zone, can not be seenanywhere. This kind of environment crime legislation is difficult to producedeterrence, and also difficult to prevent the happening of the environmental crime. Itis not conducive to the protection of the ecological environment in China. Therefore,in order to promote the role of criminal law in ecological environment protection, ourcountry needs to set up a perilous crime, environmental crime such dangerouscondition, ecological environment emerged early intervention of criminal law, will bekilled in the cradle of environmental crime, it can effectively prevent the worsening ofecological environment, so as to protect our survival of the ecological environment.In the article, through analysis the necessity and feasibility of setting up dangerous crimes in environmental crime, and based on the present situation of environmentalcrime in China, at the same time, drawing lessons from western countries perilouscrime, environmental crime in Chinese penal code in the future to advise addingperilous crime to the environmental crime, and perfect the related system. It willbecome a sword to solve the problem of our country environment, ultimately achievethe harmonious development of human and ecological environment, achieve the goalof building a harmonious society.