Research On Water Pollution Crime Of Criminal Legislation

With the rapid development of our country’s economy, water natural resources have become ournational strategic resource,which has a variety of functions and attributes. Due to the finiteness ofwater resources and water pollution condition is turning worse day after day,the contradiction wasintensified between water resources and the human. Now,our country apply administrative, civil andcriminal means together. Because administrative means and civil means are too gentle to achieve thepurpose of deterrence, therefor criminal means is very important as the final protection means on thesignificant. But water pollution crime of criminal legislation is seriously insufficient causes ourcountry criminal punishment efficiency is very low. For this reason,it is very important to discuss theresearch on water pollution crime of criminal legislation and increase penalties. The paper uses somemeans to grope for poor punishment efficiency,for instance environment statistics, the comparativeanalysis and the standard analysis. Through expounding the history and present situation of our waterpollution crime of criminal legislation,the paper puts forward some primal problems for waterpollution crime of criminal legislation. It mainly expresses for constitutive elements of water pollutioncrime dimly by the law, lacking of scientific theory to prove causality etc, which lead to waterpollution illegal behaviors difficult to sin. In addition,criminal penalty is too light to play deterrencefunction of criminal law.According to the above problems, china should draw on overseas successfulesperiences to strengthen water pollution crime of criminal punishment. For example increasesregulations about potential damage offence and the transgression of intentionally form to perfectconstitutive elements of water pollution crime, establishes a scientific theory to prove causality,wields the strict liability principle, adjusts freedom penalty, pecuniary penalty and applys non-penaltymeasures to intensify the fight against water pollution crime.