关键词: 环境污染, 污染控制, 实质刑法观, 社会危害性

Abstract:

In China, the fast economic growth leads to a fast ore resources depletion, short water resource, and a severe environmental pollution arising from industry and agriculture, which has been a key point in people’s life quality and economic development. China has established relatively sound environmental protection laws, however, they are not effectively proceeded in practice. The criminal law is a last choice, but it has a big default in environmental pollution. In order to protect environment and to meet people’s human rights, it is necessary to enlarge the covers of the criminal law in environmental pollution in a right time. At the same time, the essential base is from the severe social harm of environmental pollution. “The last choice” is a precondition to make and apply the environmental criminal law.

Key words: environmental pollution, pollution control, essential concept of criminal law, social harm