On The Crime Of Major Environmental Pollution Accident

As a 97 year criminal law new addition's charge, the significant environmental pollution accident crime is one important moreover the quite complex charge in criminal law, which there are many questions in the theory and the practice to be worth discussing. Therefore, to comprehensive it systematically has the significance in the theory and the practice. This thesis discusses and analyzes the issues related to this crime. The present writer proposes his own viewpoint in this thesis. The full text altogether divides into four parts:The first part is the significant environmental pollution accident crime's outline. This partial content mainly introduces the significant environmental pollution accident crime's concept and the characteristic, and analyze the domestic scholars several viewpoints which hold to the significant environmental pollution accident crime's charge and the crime constitution important document. On the contrary, the present writer holds that the environmental pollution accident crime must be detailed. Mistakes committed this crime should be defined as "fault emissions, dumping or disposal of hazardous waste crimes"; the indirect deliberate committed this crime should be defined as "discharge, dumping or disposal of hazardous waste crimes." At the same time, this part emphatically has also analyzed this crime's meaning and proves this crime to distinguish between other crime's substantive characteristics.The second part is important and difficult problems of environmental pollution incidents of crime, as the focus of this paper, the focus of major environmental pollution accident crime in legislation and practice in the difficult problems: pollution of criminal responsibility vested in the flat conditions in the business of crime pollution fault The criteria for judging; major pollution of the causal link between the crime. The author believes that under the pollution of the crime, the grasp of these issues and deal with essential, then analyzed and made their own views and thinking.The third part is the justice that this crime. That some of the major environmental pollution accident on major crimes and the crime of dangerous goods incident, major accidents, crimes fault running the offence of dangerous substances, environmental monitoring of the crime of dereliction of duty between easily confused where comparative analysis, to distinguish this crime and the limits He crimes To facilitate judicial identified.The fourth part is the fault of this crime in legislation and deals with the shortcomings of the policy. This major part of China's major environmental pollution accident by the existence of the crime and the shortcomings of the legislation should make their own policy proposals and ideas that should improve in the following aspects of this crime: First proposed in response to environmental factors were the different legislation, the major environmental Decomposition of the crime of pollution incidents refinement and the other is the proposed establishment of Dangerous Criminal negligence. Third, the legal system of environmental legislation and developed the concept of technology.