| The intervention of environmental criminal law in the early stage is to transform the traditional environmental criminal law under the guidance of negative criminal law legislation into preventive criminal law.To be specific,the early intervention of criminal law of environmental crimes first requires the environmental problem to be regarded as a kind of danger in criminal law.Accordingly,environmental criminal law is mainly used to prevent the danger of criminal law.Secondly,the early intervention of criminal law of environmental crimes requires the active expansion of penalty right to realize the effective prevention of environmental crimes.Thirdly,the early intervention of criminal law in environmental crimes requires the criminal law to actively intervene in advance in environmental governance,which cannot wait until the harmful results appear.Under the thought of ecological civilization,active prevention and the theoretical foundation of "strict but not severe",the current traditional legislative view of criminal law in China has been unable to meet the requirements of the construction of ecological civilization,it is difficult to effectively achieve the organic coordination between environmental law and criminal law,and it is unable to effectively punish environmental crimes.At this time,the early intervention of environmental crime criminal law came into being.In many foreign countries,the early intervention of criminal law in environmental crimes has been quite perfect,and a lot of valuable experience has been accumulated..Germany is environmental protection of the advanced countries in the world,thanks to perfect criminal legislation in Germany,in the aspect of environmental crime in criminal law early set mainly embodied in dangerous crimes,almost all of the environmental crime to the regulation of dangerous crimes,but also in preparation behavior crime aspect also has many specific provision,the content of German environmental protection provides a great help;Japanese experience for reference by many countries,environmental protection in the aspect of environmental criminal law,the environmental criminal law has made specific provision,mainly reflects on the regulation of dangerous crimes,take this legislation system,greatly improve the cohesion of entity and procedure,and helping behavior and perpetrating act crime also have systematic regulation;The United States adopts the legislation model of subsidiary criminal law and has made great efforts in environmental protection.Although it is not as centralized as the regulations in Germany,it is still very advanced in the earlyintervention of criminal law of environmental crimes,mainly focusing on the provisions of dangerous crimes.The advanced experience of these countries is worthy of our reference.The early intervention of criminal law in environmental crimes is the core and key point of effectively governing environmental crimes and promoting the construction of ecological civilization,which is conducive to the improvement of the theoretical level of environmental criminal law and the confirmation of the independent status of environmental criminal law,and also to the coordination of environmental law and criminal law.At present,there is a strong foundation for the early intervention of criminal law in environmental crimes in China,which is mainly reflected in the rich experience of the early intervention of criminal law in environmental crimes in foreign countries and the support of the advanced legislation technology in China,which conforms to the trend of The Times.Therefore,on the basis of the analysis of the current situation of the early intervention of environmental crime and criminal law of environmental crime in China,it is mainly improved from the following three aspects: dangerous offense,preparatory behavior and helping principal offense,so as to realize the early intervention of criminal law of environmental crime in China as soon as possible. |
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