Study On The Crime Of Wastes Polluting Environment

According to analyzing the concept of waste, characteristics, as well as waste separation, and introducing the concept of waste abroad, analyzes of the characteristics of the concept of foreign waste, as well as shortcomings of the concept of waste of our country, and the meaning waste of criminal legislation of waste pollution of the environment, and put forward recommendations.According to criminal legislation of waste pollution of the environment, in a broad sense, there are four crimes concerning with waste pollution of the environment. They are the crime of smuggling of waste, the crime of accident crime of great environmental pollution, the illegal disposal of waste crimes, the crime of unauthorized imports of solid waste. According to the analysis of crime constitutes and the scholar's view, think that the object is the complex object, which includes the personal rights of citizens, property rights, environmental rights, the state of waste management system. The objective aspect should be including potential damage offence and epidemiology causality; the subjective aspect should be including strict liability, and the writer proposed the concept of waste pollution of the environment crime. By analyzing actuality of crime of waste pollution of the environment, our country is facing two major problems, on the one hand, developed countries continue to transfer waste generated by domestic production to developing countries, China is also the one of aims. On the other hand, some units and individuals, as a result of the interests, shipped the waste to the mainland without authorization. These wastes are badly harm to our environment.By studying the relevant literature, analyze the reason of crime of waste pollution of the environment from the economic aspect and the aspect of nature of human. There are some problems that the object of crimes are out of line, the standard of accomplishment and the crime of smuggling of waste are unreasonable, the penalty of crimes are out of line. By introducing foreign criminal legislation and advantages, I proposed some advices, our country should set up strict liability and potential damage offence, change the object from "solid waste" to "solid waste, liquid waste and gaseous waste". Put the crime of smuggling waste to the sixth section, adjust criminal policy of our country. The writer strive to break the shackles of traditional criminal law, and improve waste pollution of the environment of Chinese criminal legislation.