Research On The Generation Mechanism And Prevention And Control Of Water Pollution Crimes

As we enter a new era,It is necessary to attach equal importance to environmental and economic,so as to achieve a win-win situation of economic construction and environmental protection.Corresponding to the field of criminology,it requires our scholars and experts in the field of criminology to pay attention to and strengthen the research on environmental crime.Water pollution crime is a large type of environmental crime.The total number of criminal cases of environmental crimes for the biennium 2020 to 2021 is 400,including 120 criminal cases of water pollution crime,accounting for 30%.Water pollution crimes are typical.In the second round of the third batch of "typical cases of ecological environment" published in China Environment News in the first half of2021,a total of 40 environmental damage cases were published,including 11 cases involving water pollution crimes,accounting for a quarter.Many companies ignore long-term environmental interests and social public interests,ignore laws and regulations,and illegally discharge sewage,causing serious harm to society and ecological environment.However,the research on water pollution crime is normative analysis from the perspective of criminal law,the results of criminal law research on perspective of criminology are not good enough and need to be strengthened.Starting from the basic concept of water pollution crime,taking the cases of judgment documents as samples,this paper summarizes the characteristics of water pollution crime,then analyze the influencing factors and formation mechanism,and explore the treatment countermeasures of water pollution crime,in order to help the governance modernization of water pollution crime in China.There are four parts in this paper.The first part is the definition of water pollution and water pollution crime.Mainly through the elaboration of the concept of pollution leads to the definition of water pollution and water pollution crime meaning,and puts forward that the water pollution crime mentioned in the article is a criminological concept,the scope of study is criminal law and administrative law of water pollution crime.It is clear that the articles studied from the perspective of criminology do not affect the idea of choosing the concept of pollution and cases in criminal law as samples for analysis and statistics.The meaning of water pollution has our general understanding and normative standards.It should be defined according to relevant national standards.Each country controls the discharge through indicators such as discharge standards.Once the polluter discharges sewage beyond this indicator,it will cause water pollution.The second part is the characteristics of China’s water pollution crime after comprehensive analysis and data sorting of sample cases.Including four parts:Characteristics of criminal,crime form,crime distribution and crime harm.The performance is mainly male and the level of education is not high;The age distribution of criminals is relatively scattered,mainly young and middle-aged people;The forms of criminal activities are mostly small workshops and lack of strict and meticulous organization and division of labor;The means of crime have strong confusion,concealment and deception;Natural person offenders are far more than unit offenders;Most of them are operated by small workshops and lack of strict and detailed organization and division of labor;The criminal means have strong confusion,concealment and deception;time and spatial distribution characteristics;the chemical composition of water body is mainly heavy metals and the exceeding standard rate is high;The polluted water body is mainly shallow water.The third part analyzes the crime generation mechanism of water pollution crime,which is another name for the causes.Through the comprehensive research and introduction of water pollution behavior in the first and second parts,Mainly from the Angle of the criminal,the target of the crime and the supervision and control of the three angles of the criminal to carry out the cause of the force.Only by thoroughly analyzing the mechanism of crime generation can supporting prevention and control measures be constructed for each link,so as to realize the "win-win" of economic and environmental.The fourth part studies the characteristics and causes of water pollution crime,and then studies its prevention,supervision,management and control countermeasures.Crime prevention and control research is an important content of criminology research and the significance of criminology research.In this part,through the application of daily activity theory analysis of the three major aspects of the existing problems will put forward targeted countermeasures and suggestions.We are committed to applying the theoretical research results of criminology to the treatment of water pollution crimes.