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Pollution Legislation on environmental crime

Author: LuNing
Tutor: ChuBingDong
School: Yantai University
Course: Criminal Law
Keywords: Environmental pollution crime Environmental criminal legislation Damage offence The principle of cause and effect Fine punishment
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 108
Quote: 1
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Abstract

From 1979, it has passed thirty years for the development of environmental criminal legislation in China. Although it plays an important role in suppressing environmental crime, it is undeniable that many defects still exist. However, the environmental criminal legislation can not adapt to fight against the new environmental crime and meet the need to protect the ecological environment. It needs to deepen the reform. So choosing the perspective of environmental pollution crime, this paper expounds the relevant theory in this field and points the existing problems in our environmental criminal legislation. Lastly, the author puts forward his own views and hopes that they will play a positive role in improving the environmental criminal legislation in our country.The article is divided into five parts. The first part is an overview for environmental pollution crime. In this part, the paper discusses the concept and the social harmfullness as well as the constitutive elements of this crime in our criminal legislation.The second part is the description in environmental criminal legislation in foreign countries, such as Germany, Japan, Britain, the United States, and so on. From comparing and analysing, the author summarizes the common characteristics of these countries. And the legislative experience is very useful for our legislative reform.The third part is about the developing process to environmental criminal legislation in our country. The process can be divided into three stages: The first stage is after the year 1979. At this stage, The Criminal Law in 1979 plays a major part in combating environmental crimes supplemented by lots of accessory criminal legal norms of environment.The second stage is a phase that The Criminal Law in 1997 puts in force and plays a role in protecting the environment. The third stage is a period of mutual complementation between criminal amendments and judicial interpretations.The fourth part is the core of this article. In this part, the author puts forward some opinions and suggestions to improve the legislation of environmental crime. Firstly, the environment criminal damage offence should be punsihed. Secondly, apply the imputative principle of the strict liability in environmental criminal law. Again, the principle of cause and effect should also be used to recegnize the causality of environmental crime. At the same time, add specific environmental pollution crimes and expand the area of the criminal offences. Finally, perfect the punishment of environmental pollution crime by deepening the reform of fine punishment and adding the qualification penalty in this crime.The last part of the article is to summarize. The author expects that the reform of environmental criminal legislation should be deepened quickly. Therefore, it will play a more active role in preventing the environmental crime and protecting the ecological environment. At the same time, the author also calls on the social common to concern environmental problems and participate in environmental protection actively. We can contribute our own strength for the balance of nature and the improvement of environment.

Pollution Legislation on environmental crime

Abstract

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