Research On Criminal Sanction System Of Environmental Crime

Environmental pollution and damage restrict China's economic development and cause incalculable damage to people's health,property and ecological environment.At this time,the criminal sanction system plays an important role.Due to the variability and concealment of environmental problems,there are various problems in the process of application of penalty sanctions and non penalty sanctions,which can not effectively control environmental crime,nor make up for the rights and interests of victims and environment.As for the freedom penalty,it does not embody the thought of equivalent retribution in its application,so it is necessary to establish a hierarchical responsibility system in the freedom penalty.In the property crime,the infinite fine system,which is absolutely uncertain and legal,can not effectively punish the crime,so the measures such as the multiple ratio fine system are reasonable.In addition,in the process of the application of non penalty sanctions,there is a phenomenon of single type and lack of specific sanctions.It is likely that the purpose of penalty will not be achieved if the perpetrators are not punished adequately.Therefore,it is very important to explore other ways in the penalty sanctions and non penalty sanctions.On the basis of learning from the excellent experience of foreign countries,we can make appropriate changes to the penalty measures.In the aspect of free punishment,the environmental crime stipulated in the criminal law is divided into four levels according to the different social harmfulness.At this time,the perpetrator can be convicted and punished within these four levels.In this way,the freedom penalty can be set up reasonably,and the interests of criminals can be guaranteed at the same time.In the aspect of property penalty,according to the foreign legislative experience and the judicial practice of our country,the system of multiple ratio fine can be adopted.In addition,in terms of the execution of fine,the system of e-section can be used to deter criminals who can't perform the fine in time,and it can also prevent environmental crimes.By making up for the deficiency of penalty measures in environmental crime,it is of positive significance to improve the penalty system of our country and realize the purpose of environmental protection better.Besides the penalty,the non-penalty measures also play an important role.It includes punitive non penalty sanctions,preventive non penalty sanctions and restorative non penalty sanctions.In the punitive non penalty sanctions,the paper discusses the provisions of criminal law and puts forward solutions to the specific problems,including the application of expected damages,written admonition and so on.In the preventive non penalty sanction measures,by referring to the preventive ideas in foreign laws,the paper respectively makes up the deficiencies in the preventive provisions,security measures,criminal prohibition orders and occupational prohibition of environmental crime in China,so that it can flexibly deal with various problems of environmental crime.After solving the problem of “in advance in the process”,the recovery and governance of the environment,which is the content of restorative sanctions,cannot be ignored,.The perfection of law is essential,and the construction of ecological civilization should not only be reflected in the level of law,but also be highly valued in daily life.The enhancement of our consciousness of abiding by the law and environmental protection plays a great role in protecting the environment,which requires the efforts of every one of us.