Research On The Legislative Perfection Of The Crime Of Serious Environmental Pollution Accident

With the rapid socio-economic development, the ecological environment that human beings survive on has been severely polluted and destroyed. The environment problems and the harm it caused have been widely concerned by the countries in the world. The positive function of the environmental criminal law on the protecting of environment has been quickly highlighted and the development of environmental criminal legislations has been dramatic. Comparing to developed countries, the initiative of environmental criminal law in China started relatively late and there are still considerable parts need further improving. China's current environmental criminal law legislations still have some issues need studying and being resolved, particularly the Crime of Serious Environmental Pollution Accident is a heated debate in both theory and practice, of which the form of subjective fault would be intention or negligence, the type of crime would be crime of danger of crime of result and the penalty would be based on the crime itself or the article on the crime of placing of dangerous materials. The paper concludes that the acts of serious environmental pollution should be punished based on the crime of serious environmental pollution accident, puts forwards the doubts on the existence of such characterization and raises questions on the crime of serious environmental pollution accident. The solution to this problem is of great significance as for the protection of environmental rights and interests of the citizens, safeguarding the fundamental interests of the majority of the people and building-up the harmonious socialist society. Based on the introduction of the case and the legal analysis, the paper briefly discusses the major environmental pollution accident and characteristics of the crime, stating that the major environmental pollution and its destruction could have the social harms before it's going to produce the results. The paper also analyzes the views of the domestic and foreign scholars on whether the crime of serious environment pollution accident is the crime of danger or not, raises the focus point of debate on this case, examines the conflict of laws between the crime of serious environment pollution accident and crime of placing of dangerous materials and further points out that the crime of serious environment pollution accident is problematic as the environmental legislation values themselves leave much to be desired. Finally, the paper puts forwards the thoughts and countermeasures on the legislative perfection of the crime of serious environmental pollution accident.