| The 20th National Congress of the Communist Party of China clearly stated that "in the past ten years,we have strengthened environmental protection in an all-directional,all-regional and whole-process manner,and made the ecological civilization system more sound".At the same time,it also pointed out that the current task of environmental protection in China is still grim.How to achieve fundamental improvement of the ecological environment and basically realize the goal of a beautiful China by 2035 is our top task now.Water environment is the source of life for all living organisms and one of the most important ecological environment elements.However,the current situation of water environment pollution is still severe,and the protection of water environment by criminal law is still to be improved.Taking the criminal law protection of water environment as the research object,this paper conducts research on the criminal law protection of China’s water environment in four parts according to the logic of "concept definition-theoretical analysis-current situation and dilemma-extraterritorial reference-improvement path".Firstly,through the summary of existing literature,the concept and theoretical basis of water environment are analyzed.The concept of water environment is mainly distinguished from water resources and water ecology;The theoretical basis is the theory of citizens’ right to subsistence,environmental rights,legal social control theory,and legal system theory.Secondly,through historical analysis and empirical research,this paper analyzes the criminal legislation,administrative law enforcement and judicial connection and judicial status of China’s water environment criminal law protection.It can be concluded that the criminal law protection of China’s water environment has achieved certain achievements after long-term development,but there are still areas for improvement.Then,through the introduction and research of the practical experience of water environment criminal law protection in the United States,Germany and Japan,in order to provide certain reference significance for the protection of water environment criminal law in China.Finally,according to the current situation and dilemma of the protection of water environment criminal law in China,suggestions are put forward to improve it.First,change the legislative concept and improve the relevant legislation,including changing the legislative concept;further play the role of affiliated criminal law;and add independent water environment crime charges.The second is to improve the connection mechanism between administrative law enforcement and criminal justice,including improving the system of case transfer and evidence connection;strengthening the coordination between legislative,administrative and judicial departments;and improving the professional law enforcement ability of administrative organs.The third is to optimize the judicial application of water environment crimes: pay attention to eliminating local differences;pay attention to investigating the criminal responsibility of units;strengthen the study of case type,standardize the standards and procedures of judicial appraisal,strengthen the cause and effect demonstration;standardize the sentencing standards,and optimize the existing penalty system.Fourth,integrate and refine relevant crime prevention measures:adhere to the daily monitoring of water environment,strict law enforcement and joint management;widely publicize the idea of ecological civilization construction;and actively broaden the ways for the masses to supervise and report environmental crimes.On this basis,the paper puts forward the way to improve the protection of water environment criminal law in China,so as to realize good law and good governance. |
