Social Sciences in China (Chinese Edition)

No.11, 2017

 

Criminal Law Mechanisms for Guaranteeing China’s Ecological Civilization Construction

(Abstract)

 

Jiao Yanpeng

 

China is at a critical period of constructing an ecological civilization and comprehensively implementing ruling the country according to law. Using the rule of law to strengthen environmental protection is our clear duty. Environmental crimes should be punished under criminal law; the ecological civilization construction requires criminal law mechanisms, and it should be coordinated with the functions of legal protection, human rights guarantees, and the maintenance of order to cope with the real dangers of risk society while maintaining the basic characteristics of criminal law. The legal interests of the environment, as one of people’s rights in the era of ecological civilization, should be effectively protected by criminal law. The effective protection of these rights requires that they be classified, specified and quantifiable in criminal legislation. Such legislation also requires effective identification and measurement of legal interest and meticulous execution of justice. The criminal law guarantee of ecological civilization is subject to the influence and constraints of the overall value of rule of law; hence criminal law, in conjunction with the constitution, administrative law and environmental law, should take on the mission of protecting the legal interests of the environment. The organic unity of criminal law techniques and environmental science will be conducive to the realization of human value under criminal law in an ecological society.