Research On Identification And Perfection Of The Crime On Major Environment Pollution Accident

Now, with China's promotion of industrialization and urbanization,the rapid economic development has brought serious environmental pollution and environmental damage.This dose not only obstruct economic and social development, but also seriously threaten people's lives and health and property. Environmental situation is grim. In China's Criminal Law revised in 1997, On major environmental pollution accidents were special section on crime, This legislation expanded the scope of protection of environmental, increased the intensity of environmental protection and punishment, played a positive role In environmental protection. However, the the crime of major environmental pollution accident has shortages. Since 1997, amended the Criminal Code,in judicial practice, or in the academic theory,the crime there are many problems and disputes. For example, significant environmental pollution should be the intentional act or acts of negligence; potential damage or result made; what are the differences between major environmental pollution accident and crime of putting dangerous substances,and so on. These problems caused a fierce debate over the parties. These issues affect the environment of pollution prevention and punishment of criminal behavior. This paper take case of serious water pollution in Jiangsu Yancheng as an example, analyze the judgment of the case, research major environmental pollution accident crime croblems,so that definite the differences between the two crimes,and then to improve the crime of serious environmental pollution accident.The research is benefit of theory and practice, has a certain significance.This three parts:Chapter one is about the case, introduce cause and effect of case in Yancheng serious water pollution. Chapter two is about problems involved in the case, Detailed analysis of the difference between the two crimes reached a conclusion:it is questionable that the court determined the case as the crime of throwing dangerous substance. Chapter three is about the shortages and perfect measures of the crime of serious environmental pollution accident.