In this part the author analyzes the concept“environment”“environmental crime”and“the constitution of environmental crime”, and discusses the effect of the constitution of environmental crime on the conviction and measuring punishment.
After giving the definition and principle basis to CFEC, the author demonstrates the content, levels and order of CFEC, and analyses the major factors of it.
Starting with the conception of environmental crime, the paper further clarify comprise elementsof environmental crime, and put up with its own view on perfecting criminal law of environment by analy-zing the four comprise elements respectively.
With economy development, environmental crime is getting mote serious hereinafter but less punished. The phenomenon above is basically attributed difficulty in definitng constitutive factors of environmental crime(hereinafter called CFEC). As a result, research on CFEC is very valuable in the domains of the theory and practice. After giving the definition and principle basis to CFEC, the author demonstrates the content, levels and order of CFEC, and analyses the major factors of it. Through contract analysi...
As the global ecological environment is worsening at a rapid speed, the legislative body starts to pursue the criminal law protection method to gain control over the behavior of harmful environment. The penalty works better than other methods in environment crime domain, however, it produces the negative surface function at the same time. Therefore, the definition and limitations of the environment crime constitution should be discreted with great care.