The Theory and Practice of Environmental Offenses

Author: Yang Chunxi
Publisher:
Publish Date: 2003-05-02
Features: Environmental quality and environmental protection are increasingly receiving universal attention from countries around the world. How to avoid environmental pollution and ecological damage during economic development has become an urgent issue to be addressed. As law plays a crucial role in regulating people's behavior, and the stringent criminal law is a key component, it is highly necessary to study harmful environmental behaviors using the principles of criminal law. This book, after analyzing the necessity and principles of criminal law's involvement in environmental protection, examines the concept, composition, causes, and penalties of environmental crimes, aiming to contribute to China's environmental criminal legislation and judicial practice in this new field. The main contents of this book are as follows:
(1) After defining the concept of the environment, it explains the necessity and feasibility of the legislative value orientation of "harmonious development between nature and humanity" in environmental criminal legislation from a theoretical perspective. It then discusses the inevitability of criminal law's involvement in environmental protection and the principles of such involvement.
(2) Based on an analysis of recent domestic and international concepts of environmental crimes, the author proposes their own concept of environmental crimes and analyzes the administrative responsibilities, harmful characteristics, and similarities and differences between environmental crimes and related offenses.
(3) From the perspective of criminal composition, it explores the object, objective characteristics, subjective characteristics, and the subject and subjective characteristics of environmental crimes. It also offers insights into the complex and challenging judgment of causal relationships in the penalty for polluting the environment.
(4) After briefly outlining the historical stages of penalties for environmental crimes, it proposes measures against environmental crimes and discusses international cooperation in combating such crimes. It elaborates on the environmental crimes stipulated in China's revised Criminal Law and discusses several specific environmental crimes that should theoretically be included but are not currently covered by the law.