The criminal law protection mechanism for sustainable development in China – an empirical analysis of environmental pollution crime

Abstract China’s environmental criminal law serves as the strongest legal safeguard for the construction of an ecological civilization, revealing the country’s determination and efforts in environmental protection. Prior to 2011, Article 338 of China’s Criminal Law, which is most closely associated with the punishment of polluters, was rarely applied effectively. However, following the revision of Article 338 to address environmental pollution crime in 2011, more than 10,000 cases were filed in just a few years; thus, this law has played a significant role in the smooth advancement of China’s ecological civilization. An empirical analysis of 1600 instances of environmental pollution crime revealed that Chinese courts continue to give precedence to conventional sentencing factors in the enforcement of this criminal law. Despite the vigorous promotion of the ecological civilization concept in recent years within China, its integration into the judiciary process appears inadequate, and the boundaries of environmental pollution crime remain vaguely delineated. Given these circumstances, there is a pressing need for China to enhance its legislative and judicial frameworks regarding environmental criminal law to ensure robust and enduring support for the nation’s sustainable development.