Always, always want to write something in my personal views on the issue of environmental criminal law, due to various reasons not always find time to study this problem. In fact the environmental criminal law is not a new subject, the last century eighty years researchers have started the research of this aspect, but for the environmental criminal law can be traced back to the criminal code in 1979. While the developed countries than China to early. Germany since nineteenth Century after the introduction of a "water law", "waste disposal law" and the "federal air protection law" and a series of Protect environment administrative law, there are provisions of penalty regulations 1871 German penal code on Protect environment only scattered provisions in 1980 eighteenth times change, specially added a special chapter (the twenty-eighth chapter): "the crime of endangering environment". Japan in 1967 introduced a " legislation against environmental damage mechanism in the basic law. This is an administrative regulations, the provisions of the damage to the environment has 7 forms: air pollution, water pollution, noise, vibration, land subsidence, odor and land pollution, and for a variety of environmental infringement form the corresponding provisions of punishment 970 years Japan has introduced "on the harm human health hazards of Criminal Justice act the" (hereinafter referred to as "polluted crime law"). Provision of only 7, but very important, become the core of environmental protection. For our environmental criminal law both from the legislative, or academic research and an important reason which behind the developed western countries, is the economic factors. Caused serious damage to the natural human rapid economic development, the fact is that humans cannot be denied. In a large number of environmental pollution appears, people began to pay attention to the protection of the environment, environmental pollution events of eight of the last century has sounded the alarm for human. The relationship between economic and environmental problems, all countries should be given priority in dealing with environmental problems. The economy can not develop, how to sustainable development, in the process of development, how to balance the contradiction between them, is the key to solving environmental problems to human.

In dealing with the environmental problem only to establish the environmental legal system is the existing environmental regulations, the answer is no.. Since only the establishment of environmental legal system is the existing environmental problems can not be regulation come very naturally, we should start the final safeguard measures -- criminal law. The criminal law as the final barrier to the law, environmental law is not an exception. For violations of environmental law, we adopted the "quantity" standard to will rise to the field of criminal law. In the field of environment of environmental behavior, the environmental criminal law. Environmental criminal law in theory but also the general and sub divided into, discusses the basic concept, about environmental criminal law in general principles, environmental crime, environmental crime and disposal problems, and in part mainly talk about all kinds of environmental crime. Involved in the legislative practice in the treatment of environmental crime is a criminal code in 1997 sixth chapter is detrimental to the public management order crime in the sixth section of environmental crime and other sections of the charges as the basis to guide the practice.

The author of personal and environmental crime system was conceived by legislation in Germany, we set a special chapter to regulate the environmental crime in the criminal law. At the same time, the concept of reconstruction of the chapter is no longer for personality, property interests infringed the original but for ecological right or infringement of environmental rights. Object a is a violation of the environment right infringement object to reconstruct the chapter. Some scholars such as Wang Lisheng, Niu Guangyi to the environmental crime sanctions can be imagined as a program, substance law. The contents of law can be divided into five parts: the first part, the task and the validity, Zha Ming legislation in the second part, the third part, the crime of destruction of resources, pollution and damage to the environment crime; the fourth part, the legal system applicable; the fifth part, proceedings and Implementation method. The establishment of the legislative models cannot agree. First of all, this kind of mode is not conducive to the unity of the penal code, undermining the integrity of criminal code. Secondly, the legislative mode of substantive law and procedural law confused, legislative mode and the European continental tradition does not match. Finally, easy to cause the confusion in practice. As a subsidiary penal code, the penal code to be general guidance, but also its own and according to the characteristics of environmental crime set up your own rules, task force, the abstract rules, conflict law but in practice, the solution of the problem.

The above views are the author individual shallow view, hope oneself with the understanding town discipline research can further.