Research On Legislation Perfection Of Environmental Crime In China

Ecological environment is the basis of human survival,is the world’s most valuable resource.With the continuous development of industrialization,the living environment of mankind is facing severe challenges,the world has begun to attach importance to environmental issues,the use of legal weapons to protect the environment.In recent years,environmental damage and pollution problems have become increasingly frequent,environmental crime behavior intensified,the role of civil law and administrative law to protect the environment increasingly weakened,as the strong backing of criminal law to protect the environment,plays an important role in punishing environmental crime.Since the beginning of 1970 s,some foreign countries have serious pollution,environmental pollution problems should be put forward from the legislative level to carry out large-scale governance,and the legislation of environmental crime,environmental criminal environmental pollution has become one of the important means of regulation,is formulated and promulgated the measures of environmental crime legislation.China’s environmental crime legislation development started late,from the formulation of the "criminal law" after 1979,until 1997 the first revision of the "criminal law" in our country,then continuously improve the environmental crime legislation,but so far,environmental criminal legislation still lack some problems: lack of advanced the criminal legislative concept,lack of reasonable environmental crime legislation mode,legislation of environmental crime in the lack of the crime of dangerous set of environmental crime,lack of strict liability for environmental crime,penalty defects,therefore,perfecting the environmental criminal legislation of our country is imperative.After consulting a large number and access to relevant information about the environmental crime legislation,and summarizes the relevant literature and literature from five aspects in detail and perfect the legislation of environmental crime.Firstly,a detailed introduction to the basic theory of environmental crime,the basic concepts in the domestic and international environmental crime is a basic comparison and analysis results,we can have a more clear understanding of the environmental crime,in order to lay the foundation for perfecting the environmental criminal legislation;the basic theory of environmental crime in the concept of environmental crime legislation in detail,also through comparison method,starting from the civil law and common law of two legal systems,which the concept of China’s environmental crime legislation;environmental crime is against the interests of environmental law,only the environmental crime law of a detailed understanding,in order to better distinguish between crime and non crime,this crime and other crime,a guiding role for the environmental crime legislation perfect.Secondly,it introduces the development and current situation of environmental crime legislation in china.Has obvious stage characteristics the development of China’s environmental crime legislation,so from the two stages respectively describes the development of China’s environmental crime legislation,found deficiencies in the environmental criminal legislation of our country from;understanding the status quo of environmental crime legislation in China is more helpful to the defects of China’s environmental crime legislation exists the more the suggestions of perfecting the environmental criminal legislation.Thirdly,through the research of the previous two chapters,found that China’s environmental crime legislation,the defects of the application of legislative idea,legislative mode,the crime of dangerous set of strict liability,and the punishment of the study,and then,the cause of China’s environmental crime legislation problem analysis.Finally,"an antidote against the disease" puts forward some suggestions on the legislation of environmental crime,the establishment of the sustainable development concept,improve the legislation of environmental crime environmental crime legislation mode,adding the dangerous crime,have the option of applying strict liability and perfection of environmental criminal punishment applicable,so as to look for the environmental criminal legislation of our country for reference.