The Study Of Adding The Crime Of Atmospheric Pollution In The Criminal Law

Atmospheric pollution not only harms our health and property security, but also harms every creature’s survival environment. Nowadays, although our country has law to prevent and regulate the crime of atmospheric pollution, facing the more and more serious problem of atmospheric pollution, the effect is very vulnerable. The legalization needs to be improved. On that account, this essay is going to give the advice of adding the crime of atmospheric pollution in the criminal law to solve the worse and worse atmospheric pollution problem.This essay is divided Into5parts:The first part is foreword. This essay is focusing on our country’s current atmospheric pollution and harming and hoping to attract the attention of public to the atmospheric environment.The second part is about the penal code’s flaw of our country’s atmospheric pollution. In the basement of introduction of our country’s related legislation, pointing out four incompleteness:(I) Current criminal law doesn’t perfect enough to give corporations criminal sanctions; the aspect of criminal intention doesn’t comprehensive enough;(II) Can not punish the potential damage offense. Our country’s atmospheric crime doesn’t moderately punish the potential damage offense, weakening the protection of environmental protection by the penal code.(Ⅲ) The kind of penalty is quite a few and genital, existing the punishment and responsibility conformable to crime.The third part is the reflection of other countries’ legislation and inspiration. Mostly by the ways of introducing the legislation of civil law and common law’s countries and the district of Hong Kong and Taiwan of our country. Our county could draw some experience from the above country of atmospheric pollution on the mode of legislation, the structure of crime and disposition of criminal punishment.The fourth part is the reasons of adding the atmospheric crime. First of all, introducing the confliction of adding the atmospheric crime; Secondly, by the ways of introducing the serious harm of atmospheric pollution the vulnerable criminal punishment and advanced experience abroad,then to point out the feasibility of setting up the atmospheric pollution crime.The fifth part is about the idea of establishing the crime of atmospheric pollution, focusing on some problems that should be paid attention to if this is done, from angles such as the concept and constitution of atmospheric pollution crime and so on. On the aspect of constitution of crime, advocating setting up the potential damage offence and moderately apply the principle of the presumption of causality; on the aspect of punishment, advising improvement of freedom penalty and relaxing qualification penalty’s applying range and setting up non penalty measures, times ratio fine and the security system of executing the monetary penalty.