Abstract: Referring to the theory of the commons tragedy fixed-point,the environmental criminal penalty system must be able to adjust the behavior orientation of the members of the society,and induce the commons tragedy fixed-point But the current environmental fine punishment system is not successful.Therefore,we should take the effective measures of the system design,including increasing the marginal cost of environmental crime,implementing the fine benchmark system and establishing a new system of changing fines into imprisonment penalty,in order to induce the fixed-point out of the dynamic changes and to play the due punitive function of environmental fine punishment system.