Analysis On Several Problems Of The Significant Environmental Pollution Accident Crime

In recent years, environmental crime is widespread, and significant environmental accidents have triggered a series of social problems,such as cesspool of Zijin Mining leakage, lead content of children's blood exceeding standard in Anhui. Although there are many environmental violations was announced by the environmental protection department of communications, exposed by the media or complained by the public, but there is little relevant personnel investigated for criminal liability, resulting in criminal law in punishing environmental pollution crime is difficult to achieve the dignity and authority. How to make the criminal law effectively in punishing environmental crime is the role of the academic community and social concern and becomes an important research topic.The significant environmental pollution accident crime is the important charge of environmental crime. Article three hundred and thirty-eight of criminal law requires that only there is the consequence of "serious environmental pollution ", then the significant environmental pollution accident crime can be established. But in judicial practice, it is difficult to identify the consequences, behavior, the causal relationship between them and sin. Therefore, I believe it is necessary to research deeply in the constitutive elements of the significant environmental pollution accident crime and analysis how to identify it. According to the actual situation in our country and foreign successful legislative experience, through the introduction of relatively strict liability, reasonable allocation of penalties and addition of dangerous offence, try to make the legislation perfect and prevent and combat environmental pollution crime effectively. This article is divided into three parts to study the significant environmental pollution accident crime.In Chapter One, I review the legislative process of the significant environmental pollution accident crime which reflects the criminalization of the trend of environmental pollution violations. Then I mainly research on some difficult problems about the composition of the significant environmental pollution accident crime. First of all, due to indirect, hidden and complex natures which are the characteristics of environmental pollution crime, I propose to identify the significant environmental pollution accident crime with the principle of presumption of causal relationship. Second, I discuss the guilt of this crime, including negligence and indirect subjective intent, and propose to introduce relatively strict liability in criminal prosecution because of the difficulties in proofing sin. Relatively strict liability is still the responsibility belongs to the fault, but the difference between them is that the burden of proof the defendant guilty shift from the prosecution to the defendant, which not only strengthen people's sense of sewage, but also prevent and punish of such crimes more effectively. Finally, I propose the need to establish the dangerous environmental pollution offence base on the existing criminal law only punishing the crime demanding actual damage consequence, in order to expand the range of punishment.In Chapter Two, by comparing the constitutive elements of the crime with similar crimes, combined with the analysis of specific cases, I clarify the features of the crime further. I discuss on the circumstances of punishment, the principle of punishment, and specific application of punishment against liberty and property, put forward how to establish the reasonable sentencing guidelines.In Chapter Three, on the value coordinating human interest and environmental values, I emphasize the function of criminal law in prevention of the environmental pollution crime. On the basis of comparative analysis of two main legal systems in the major countries relevant laws and characteristics, I put forward legislative proposals from constitutive elements of the crime and punishment system to improve our criminal legislation of environment pollution.