Crime And Environmental Pollution Content Of Issues

To protect the environment, safeguarding the people's health and work life, China's current Criminal Code Article 338 provides for a major environmental pollution accident, the crime that "violation of state regulations, to the land, water, air emissions, dumping or disposal of radioactive waste, including infectious pathogens waste, toxic substances or other hazardous waste, causing serious environmental pollution accident, resulting in heavy losses to public and private property, personal injury or serious consequences, imprisonment or criminal detention, and concurrently or fine; consequences particularly serious, three to seven years imprisonment and a fine. "However, since the implementation of the Criminal Code, the academic theory of the crime has been controversial, the practice of understanding and practice of out great. At the same time the inherent defects in this legislation, the judiciary for protection of the environment to fight crime in this crime has caused considerable legal interest influence. Based on the above issues, after years of research and theoretical circles, listening to views of practitioners, while absorbing advanced foreign experience in legislation, our country made in 2010, "Criminal Law Amendment (h)" the whole of society to discuss the draft, and in 2011 February 25 the Eleventh National People's Congress Standing Committee of the Nineteenth Meeting of the Criminal Law Amendment (â…§). Article 338 of the Penal Code which will be amended as: "violation of state regulations, discharge, dumping or disposal of radioactive waste, the waste containing infectious pathogens, toxic substances or other harmful substances, severe environmental pollution, or three years in prison criminal detention, and concurrently or a fine; consequences are particularly serious,pollution accident theory and practice of criminal law are is of great significance, but think carefully about the content of the draft amendments proposed by this section is still insufficient. This paper attempts to practice in recent years, some of the major pollution of the environment in the typical cases, revealing the original Article 338 of Criminal Law and Practice of the legislative defect problems, leads to the necessity of this change, and the analysis shows that for the benefit of affairs, noting that the Criminal Law Amendment (â…·) of this section amended some of the problems still exist.