Research On Penalty Allocation Of Environmental Crimes In China

Environmental issues have attracted more and more attention in today’s era.From the national level to the civilian people,the awareness of environmental protection has been unprecedentedly awakened.China has also resolutely abandoned the old road of "pollution first and then treatment",and firmly prioritized environmental protection,finding a balance between environmental protection and economic development.From the continuous improvement of China’s environmental criminal law,the closeness of the human centered view of legal interests to the ecological centered view of legal interests,the promotion of statutory punishment and the expansion of the coverage of charges,we can see China’s determination to crack down on environmental crimes.After several amendments to the criminal law,the system of environmental criminal law has been gradually improved,but environmental crimes are still emerging one after another.Through in-depth analysis,it can be seen that the penalty allocation of environmental crime has some problems,such as imperfect fine penalty,undetermined qualification penalty,emphasizing post punishment and ignoring environmental repair,which cannot fully meet the governance needs of environmental crime.Therefore,improving the penalty allocation of environmental crime in China and making it play its due role is the meaning of the governance of environmental crime.This paper includes the introduction and three parts of the main body.In the introduction,it mainly introduces the research origin and significance of environmental crime,the research status at home and abroad,and briefly discusses the research methods,research difficulties,innovations and deficiencies.In the first part,it analyzes the general theory of environmental crime and penalty allocation,from the connotation and characteristics of environmental crime to the deconstruction of penalty allocation,and analyzes the legal interests of environmental crime,so as to show the research direction of perfecting penalty allocation in this paper.The second part uses judicial cases and relevant data to analyze the legislative and judicial status of China’s environmental crime penalty allocation,and concludes that China’s environmental crime penalty allocation still needs to be improved.The third part discusses the feasibility from the perspective of fine penalty,qualification penalty and non-penalty measures,in order to make up for the vacancy of environmental crime penalty and make it better meet the needs of today’s environmental governance,so as to curb environmental crime and achieve the purpose of protecting the ecological environment.