On the environmental criminal law administration of criminal legislation on the environment from the properties of the impact of net _ to write papers

Write papers network: [Paper Keywords] environmental Criminal Law Criminal legislation affecting executive from the property
[Abstract] environmental Criminal Law is largely administrative environment from the property legislation of Criminal Law specific performance. Is whether the establishment of environmental crime environment counts as the relevant provisions of administrative Law constitutes a prerequisite for, or to act as an administrative environment prerequisite for the applicability of Criminal Law, environmental criminal law from the property in the administrative problems exposed is a fundamental need to criminal environmental legislation in order to seek solutions.


Criminal environmental legislation model is the external manifestation of environmental criminal law. Idea of ​​environmental criminal law legislation, legislation and technology environment through criminal legislation of different patterns reflected Similarly, administrative law, environmental criminal law dependence on the environment, environmental factors must be considered a criminal legislators, according to the different national circumstances, environmental criminal law administration from the property in the national criminal legislation embodied in the model are also different.


First, the environmental criminal law administration from the property on the impact of foreign environmental criminal legislation
National environmental legislation with the same large-scale legislative background, in the late 1960s to the early 1970s. With the development of production, population growth in the number of executive and legislative environment is still not under control and criminal penalties caused by industrial and technological development trend of environmental deterioration in the quality of the case, in order to protect citizens' living environment and effectively curb pollution, to establish an integrated environmental control system needs, through the criminal environmental legislation, highlighting the sentence means to punish acts of legislation harmful to the environment trend.

As the national economic development, political systems and models, scientific and technological strength conditions and historical and cultural traditions, differences, habits lead to national legislation, legislation, etc. There are many different techniques. According to punish environmental crimes legislation of different legislative models can be divided into three forms:
The first form, be provided by the Penal Code, which is almost the majority of the world have adopted national legislation, namely the Criminal Code to a chapter or a separate section of the form, or at least set a few terms of the environmental crime make special provisions and penalties.

The second form, created especially environmental criminal penalties for environmental crimes and make provision, for example, Japan in 1970 Congress passed the 64th <<public nuisance crime law "is the nature of subordinate legislation in criminal law in particular criminal law, from legislation confirmed the nature of the crime against the environment, and provides the corresponding penalties.

The third form, the implementation of common-law countries generally the case system. Common law countries, mainly in administrative law, case law and the environment in environmental criminal statutes to punish environmental crimes, the larger the role of the United Kingdom case law, the U.S. statute larger role.


Second, the environment, criminal law, administrative attributes of our environment from the impact of criminal legislation
In our current environment, criminal origins, there are two: First, China's Criminal Code provisions on Environmental Protection, which is a major component of environmental criminal law, mainly on charges of obstruction of Chapter VI in order of social administration section VI damage to the environment resource protection provisions of the crime among the entire section. some other derivative of the chapters in scattered charges, such as China <<Penal Code>> Chapter II of the crime of endangering public safety "illegal trade, the crime of transportation of nuclear material", the first three chapters of Section II of the crime of smuggling, "smuggling rare animals, rare animal products crimes", "smuggling of rare plants, rare plant products crimes," "the crime of smuggling of solid waste." Section VIII of the "illegal transfer, the crime of selling land use rights", Chapter IX of the crime of dereliction of duty, "the crime of illegal tree cutting permits issued," "environmental regulatory misconduct," "illegal requisition, the land occupied by the crime." "Animal and Plant Quarantine favoritism crime", "Animal and Plant Quarantine misconduct", etc. Second, the subsidiary of environmental criminal law. subsidiary of environmental criminal law that provides for criminal liability in terms of the environment in which administrative law, such as <<Environmental Protection Law >> 43 for causing major environmental pollution accident pursue criminal liability provisions, <<People's Republic of Atmospheric Pollution Prevention Act>> 61 accidents causing major air pollution provisions of criminal prosecution of crime, etc. This is narrow environmental criminal law, broader environmental criminal law in our Constitution should also include provisions on Environmental Protection, general principles of criminal law provisions, but from an academic analysis, China's environmental criminal law should also include some new charges, such as refusing to implement the Environmental Protection order crime, and the corresponding transformed the criminal law provisions. Links to free download http://www.hi138.com should be said that criminal legislation of this kind of environment pollution damage to the environment can play a deterrent role, and does have some serious pollution damage to the environment of units and individuals subject to criminal sanctions, but on the whole, <<Penal Code>> provisions on environmental crime has not been fully play its due role. Every year, several large and significant effect pollution incidents, but responsibility of the person being investigated for criminal responsibility is extremely rare, the majority of cases by the Environmental Protection administrative departments in order to punish (administrative fines on behalf of the criminal (criminal sanctions to resolve this with the criminal justice system in our environment, beginning with a set of administration from the property are inseparable. how to improve the environment necessary administrative criminal law from the property, to prevent excessive executive from the property, in order to function effectively in environmental criminal penalty function? This is our current criminal justice system one of the key environmental challenges.


Third, the environment, improvement of criminal legislation, technology
The author believes that "environmental criminal" as a modifier-modified structure of the word "criminal" the main language, added before the subject "environment" of this phrase, the "criminal law" covers the range down to a particular one hand, that environmental criminal law and criminal law relationship exists between species, it also shows that as a species concept, the concept of environmental criminal law and criminal law has been stripped, with a certain degree of independence and their own characteristics, which is different from the traditional environmental crime, the characteristics of crime decision. As mentioned above, we know that environmental crime is not a traditional criminal law violation of the object of social relations, but the relationship between man and nature of environmental criminal law to protect legal interests of its uniqueness and to protect the lives and health and property values ​​so established under the concept of the current criminal justice system is not suited to the environment, so in view of environmental criminal law administration from the property, must be environmental crime and prejudice in general order of social administration with distinction.

Given the special nature of environmental crime, the proposed amendments to the Criminal Code should be taken at this stage of the model, with means of an amendment to the Criminal Code, "the crime of undermining the protection of environmental resources" dedicated to a chapter, will be distributed in the <<Penal Code>> the section on environmental crime, to include provisions to increase criminal efforts on the protection of environmental resources, while, add, modify, concrete current environmental administrative law, criminal law content in the subsidiary, when conditions are ripe, you can consider special environmental criminal law model.

At this stage, China can not be modeled on Japan to take a special criminal law model (a combination of procedural and substantive, because our current <<Criminal>> already have provisions for crimes against the environment, although environmental crime has its own peculiarities, but if the establishment of a separate Department of <<crime against the environment law>>, on the one hand and the level of our existing legislation does not fit in is not conducive to maintaining the integrity of the criminal law, coupled with China's Criminal Procedure Law has been in many cases the problem is not resolved, can not environmental criminal law, particularly special criminal proceedings.

To sum up, as everything has two sides, and environmental criminal law administration from the property there is still a necessity, but there are negative side. Excessive executive from the property, make environmental criminal law in the absence of environmental legislation or environmental administrative law administrative the basis of illegal behavior when in an awkward position, thus weakening the criminal law in dealing with environmental crime and punishment on the function of authority in the judicial practice, the environment between the executive and judicial cooperation and communication should also be strengthened, require all Kejin their duties, so in the judicial practice of environmental criminal law must resolve the environmental attributes of criminal law administration from flooding problems.

I believe that the administration of environmental criminal law is not simply from the properties of environmental criminal law will be stripped from administrative law, but in the environment, criminal law and administrative law, administrative law dependence of performance on a direct impact on the application of penalties to strike a balance between the two. the extent possible, to play a penalty function of environmental criminal law, which will help us in the environmental crime control, not only to rational use of environmental administrative law counts of crimes against the environment constitutes a function, but also to further develop independent environmental criminal penalties sanctions and the role of prevention and control, will help protect our increasingly scarce environmental resources.


References
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[4] any effect dry, environment protection and regulations [M], Beijing, Metallurgical Industry Press, 2001 Links to free download http://www.hi138.com