중국의 습지보호에 대한 형법적 대책

Abstract

With the development of modern industry, the wetland, known as "the kidney of the earth", is also facing a great threat of pollution and destruction. In this case, the wetland problems caused from local provinces, cities and even nationwide attention, At the administrative law level, The National Bureau Of Forestry And Grassland has issued a “National Wetland Park Management Method" and other protective regulations, local provinces, cities enacted one after another has the effect of the local wetland protection regulations, improve the protection of wetlands. In terms of administrative management, law enforcement on wetland destruction has been strengthened. At the level of criminal law, under the sixth chapter of the criminal code of China, Crime of obstructing public administration, there is a section Crime of damaging environmental resources protection to regulate environmental crimes. However, there are still many practical problems in both administrative and criminal management, especially in criminal management, which need to be further supplemented and improved. In this paper, based on the basic principle of wetland, the current status of China's legislation on wetland protection is analyzed, and aiming at the existing gap and the insufficiency of criminal regulation are analyzed, and then puts forward to set up the center of the ecology of human normal view, cut administrative ties, use a criminal ban and clear causal relation estimation principle, in order to help to protect the wetland environment, promote the development of green.