Theory Of Environmental Criminal Law In The Supplementary Specification

In the environmental criminal law,a part or all of the constituent elements of a specified crime of environmental crime is prescribed in other legal laws and regulations,and the laws and regulations referred to are referred to as supplementary rules The China's environmental criminal law in the supplementary norms are mainly national regulations,narrow sense of the four types of laws,regulations and administrative licensing,and has a broad,the difference between the legal rank and the same name of the supplementary standard is not the same.In the German environmental criminal law,there are two types of supplementary provisions in the criminal law which directly refer to other specific explanatory provisions in the same law and the provisions of other laws.In addition,the supplementary norms in environmental criminal law cover a wide range of the same type the form of supplemental norms is not the same as the different types of supplementary norms may be reflected in the same law and other characteristics.Through the analysis of the types of supplementary norms in Sino-German environmental criminal law,it points out the characteristics of supplementary norms in environmental criminal law of the two countries,and provides important guiding significance for correctly understanding such norms.From the provisions of Sino-German environmental criminal law,supplementary norms are common in environmental criminal law a norm.The blankness of the charges involved in the supplemental norms determines that there must be supplementary rules to supplement the fact that the relationship between environmental law and environmental administrative law,the codified legislative model and the use of supplementary norms themselves have many advantages,which also determine the environmental criminal law Supplementary norms are inevitable.Moreover,the supplementary norms play an important function in the environmental criminal law norms,mainly reflected in:supplementary norms is the establishment of environmental crime is a pre-standard,is an important criterion for distinguishing between crime and non-crime,is to distinguish between this crime and the crime Important standards and make the interpretation of environmental criminal law has a subordinate.The principle of legalism and clarity in the principle of legality is closely related to the supplementary norms of environmental criminal law.From the legislature enacted by the law can provide criminal and penal point of view,the environmental penal code in the supplementary norms may exist in violation of legalism suspects.However,the relative understanding of legalism or legal exclusivity,that is,in administrative regulations to supplement and improve the norms of criminal law,to recognize its supplementary role in criminal law norms.At the same time,the supplementary norms of environmental criminal law on the provisions of the crime is not clear and the scope of the supplement itself is not clear,there are violations of the principle of clarity possible.However,the principle of clarity is relative,although in the environmental criminal law to supplement the norms and supplementary norms of their own scope is ambiguous,but the composition of the crime and the scope of supplementary norms are relatively clear.Thus,the supplementary norms in China and the German environmental criminal law do not violate the principles of legalism and clarity.Although the supplementary norms in China and Germany's environmental criminal law are relatively clear,the degree of clarity of supplementary norms in China's environmental criminal law is clearly not high in the German environmental criminal law.We can learn from the German practice,through the provisions of the special environmental criminal law,the concept of supplementary norms and the scope of the description to make illustrative provisions;refine the environmental elements,additional environmental crime,in the crime clearly pointed out that the supplementary norms refer to Laws and regulations;cannot clearly and specifically pointed out that the reference to laws and regulations,in the crime of the scope of supplementary norms to limit the way to China's environmental law to supplement the norms to improve and improve its degree of clarity.The specific method is to make an expressive provision of the scope of the "administrative license" and "the statute" through the provisions;to separate the polluted atmosphere and the polluted water resources from the crime of polluting the environment,Pollution of water resources,as well as for the "grassland" is not involved in the environmental elements of the destruction of grassland crime,the crime can be clearly marked in the reference to the supplementary norms;"Criminal Law" Article 339,paragraph 1 and Article 344 In the supplementary code that "national regulations" involved in the environmental elements are relatively simple,cannot be refined,you can in the crime of "national regulations" to make the scope of restrictions;additional damage to nature reserves,in the crime to " According to the "Environmental Protection Law" issued by the laws and regulations of the form of supplementary norms to limit the scope.