Chinese And Foreign Comparative Study Of Water Pollution Crime

In recent years, with the rapid socio-economic development, the increasingly serious environmental hazards, declining environmental quality, environmental hazards are all issues that the public is to influence the improvement of living standards and restricting sustained and stable economic development of important factors, has attracted the world's attention. To protect the environment, stop destroying the environment, most countries have adopted laws, including the various measures to punish offenders against the environment, To improve the state of the environment has made unremitting efforts. In this situation, Environmental Criminal Law were widely used, for the effective combating environmental crime, re-created or strengthened environmental protection authority of the executive branch of government is a very important protection. Environmental pollution and destruction, not only in resolving the present problem is solved in the next issue of the survival of mankind. Based on the natural environment of water, air and soil as environmental media. Water is odorless and colorless liquid and water is extremely easy to detect pollution and enormous dangers. This paper mainly from the perspective of water to explore environmental hazards issue.Water is a body of water for some of the material involved, which led to its chemistry, physics, biological or radioactive properties and other aspects of the change, thus affecting the efficient use of water. endanger human health or harm to the ecological environment, resulting in the deterioration of water quality. Water hazards criminal act worthy of criticism, The author analyzes three from the water hazards will conduct conviction is necessary. Water pollution crimes defined in the current domestic and international academic circles, the definition of crimes water pollution still exist in research gaps. I believe that the offense of water natural or natural main violations of environmental legislation, intentional or negligent of serious damage, polluted water environment, or because of pollution and damage to water and the surrounding environment, public health or public or private property caused serious damage to the consequences or cause serious harm to dangerous consequences should be subject to criminal punishment. Water Pollution crimes should include specific statutory authorization without sewage crime, the crime-standard sewage effluent and the cut-domain sewage crime.In recent years, environmental pollution is worsening, with all countries to strengthen environmental crime legislation. Western developed countries in the criminal legislation on the environment played a role first. All water pollution crimes legislation, the legislation in the state, the enactment of the single environmental crime, there is a special chapter of environmental crime, a subsidiary provisions in the Criminal Law of Administrative Law means middle different models. Germany, Austria, China's mainland and Taiwan are the environmental provisions in the Penal Code, Japan provides special Penal Code (hazard Crime Punishment Law). Germany is to water pollution, air pollution, noise pollution, waste pollution, illegal hazards of nuclear fuel materials, prohibition, significant environmental hazards and significant risk of toxic materials such as resources and the ecological hazards of crime and will be separately provided. Chinese mainland and Taiwan with the Austrian moving air, soil and water pollution, a provision in the regulations, Austria environmental criminal law with a strong administrative subordinate, Crime on the water are based on violations of the laws or administrative organs of the administrative sanctions to punish premise. Chinese mainland and Taiwan have no such provisions. From abroad criminal environmental legislation of view there are three main features:first, strengthen criminal means in the application of environmental protection; Secondly, Ecological criminal law; Thirdly, the international environmental protection of the criminal.A comprehensive review of water pollution in criminal legislation, regardless of what mode of legislation most countries will water as a separate crime of criminal pollution of the environment. Interviewed by the author in this case, from the legislative model, environmental law benefits concept, a distinction between types of water pollution, type of crime and the penalty aspects of civil law and common law a representative sample of several countries on the water pollution crime legislation, method of analysis and research, believe China's water pollution crimes legislation existing deficiencies and shortcomings.The constituent elements of water pollution issues, water pollution and crime traditional elements of offenses vary. From the Water Pollution crime against the interests of law perspective, the object of the offense is a complex object, that the state environmental protection and pollution control management system and the life, health and property rights, and expound further because the object of change, China's criminal law should set up a chapter of the Water Pollution crime provisions.Crime water from the objective point of view, the objective performance of the offense for violation of environmental protection laws and regulations, implementation of the pollution of water bodies and the surrounding environment. public health or public or private property caused serious damage to the consequences or cause serious harm to dangerous consequences and should be subject to criminal punishment firms. Therefore, the authors propose in our water Crime criminal legislation should be introduced perilous. Water Pollution in crime causation issues as water pollution crime complexity and specificity. The author believes in judicial practice can be given to the introduction of the principle of presumption of fault water area of crime.Crime water from the main point of view, The main crimes, including the age of criminal responsibility to any criminal responsibility is the main natural and other institutions such as the main non-natural persons, and from the international and domestic perspective, countries could become the main environmental crime.Crime water from the subjective point of view, the offense can pose by intentionally or by negligence constituted. In addition the authors explore many scholars now call for no-fault liability should be whether the water in our criminal legislation crime increase to implement.Songhua River water pollution incident occurred, China's water pollution crimes legislation sounded the alarm. Through Songhua River water pollution incident, the author analysis of existing water pollution in China's legislation to the crime and judicial shortcomings. Practice may face obstacles from the theoretical model and the legislature has put forward a number of specific recommendations perfect.