The Research On The Crime On Polluting The Environment

The crime on major environmental pollution accident is one of new charges of 97 year criminal law, this legislation is a milestone in the Criminal Legislation of environmental pollution. The charge became a controversial charge after its establishment and the doctrinal dispute has brought the judicial practice inconsistent. As environmental pollution is worsening, the more deterioration of the ecological environment, the crime on polluting the environment as a new charge in the eighth criminal law amendment has a large change on the crime elements. I believe it is necessary to discuss the new charge.This paper is divided into five parts, about 31000 words:The first part outlines three stages for the legislative history of the charge. The first stage is of no environmental criminal law before the year 1997.The second stage is after the appearance of"Crime on major environmental pollution accident"in the 97 year criminal law. The third stage is after the enactment of the eighth criminal law amendment and the appearance of"crime on polluting the environment"The second part discusses the questions of crime elements of the charge:"violation of state regulation"is the element of unlawful for this charge. Because in the past few scholars have discussed it, author will discuss"violation of state regulations"more depth, and strive to clearly define the range of"the state regulations", Then the great change of the crime elements of the charge will be discussed. Subjective element has been the focus of debate, it is generally acknowledged that subjective element is of negligence and I hold the same view. Causal relationship of environmental crimes is more complex than the general causation. I will study through theoretical discussing and learning from foreign theory to advocate the use of epidemiological causal relationship.The third part author will discuss joint negligence crime from"theoretical debate","judicial practice and judicial interpretation","Legislation Status"tripartite discussions face of a common criminal negligence, and ultimately negate the charge can be format joint negligence crime.The fourth part author will discuss the"Yan Cheng 2.20 water pollution case"and the theoretical controversy of"crime on major environmental pollution accident"and"The crime of throwing dangerous substance"at last analyze the case above on.The fifth part is about that there has been a tremendous progress in legislation of"crime on polluting the environment"after the eighth criminal law amendment, but there are many problems still unresolved and to be a topic to discuss. The author will discuss the existing problems and show the recommendations for improvement.