Criminal Law Reflection On Environmental Group Events

In recent years,with the rapid development of China’s economy,environmental pollution problems have emerged in endlessly.The contradiction between people’s increasing demand for living environment and the worsening environmental pollution problems has become a more tougher one.Some environmental problems have resulted in frequent occurrence of environmental mass incidents due to improper handling or inappropriate means.What’s more,people’s irrational emotions in environmental conflicts are intentionally used to encourage them to safeguard their rights and interests through extreme means,thus developing a new kind of terrorism "environmental terrorism".This paper is divided into four parts except the introduction:the first part is the overview of the criminal law regulation of environmental mass incidents;the second part is the problems existing in the criminal law regulation of environmental mass incidents;the third part is the extraterritorial investigation of environmental mass incidents;and the fourth part is the improvement of the criminal law regulation of environmental mass incidents.Firstly,through the analysis of the concept,causes and characteristics of the criminal law of environmental mass incidents in China,the necessity and feasibility of the regulation of environmental mass incidents by criminal law are obtained.Secondly,through the analysis of the current theory and legislation of environmental group incidents regulated by criminal law in China,five problems are summarized,including the lack of correct guidance of criminal law principles at the theoretical level,the relative absence of misdemeanor system in criminal law,the disadvantageous initial disposal of environmental group incidents at the legislative level,the inadequate use of legitimate defense system,and Lack of event regulation of the extreme environmental group incidents.Then,it introduces some methods of dealing with mass incidents in France,Germany,Britain and the United States,and combines with the actual situation of our country to analyze the successful experience that can be used for reference.The last part is the conception of how to improve the regulation of environmental mass incidents in criminal law,which is also analyzed from two aspects of theory and legislation:in theory,the first part is to establish the relevant system of criminal law dealing with environmental mass incidents,which should adhere to the principle of modesty,and the second part is to add minor offences in criminal law;in legislation,the first part is to improve the criminal law in the initial stage of environmental mass incidents.Regulation adds the crime of refusing to dissolve in criminal law,makes full use of legitimate defense system in dealing with environmental mass incidents,and finally regulates extreme environmental mass incidents by adding an independent charge of "environmental terrorism" in criminal law.We should improve the regulation of environmental mass incidents in our criminal law from both theoretical and legislative aspects,so as to contribute to better punishment of crimes and protection of civil rights.