Major Environmental Pollution Accident Crime Research

Significant Environmental Pollution Accident Crime is an change in the amendment of the Criminal code of China 1997, which is very important for protecting the environment and punishing environmental pollution, and the original intent of this accusation is to deal with the more and more serious problems of environment pollution brought by the rapid development of economy since the reform and opening-up. Although the measure of Criminal Law has been introduced into the legal system of environmental protection for more than ten years, the tendency of polluting environment has not been controlled effectively, we can see that there are still many problems in the theoretical and practical study of the crime of serious environmental pollution accident, hence, it is essential to re-examine the legislation of the Significant Environmental Pollution Accident Crime and locate it accurately. In developed countries, the perfect jurisprudence and integrated theory on environment have been formed because of the earlier start of the legislation of environment. In this background, one of the effective measures for improving the Significant Environmental Pollution Accident Crime is to compare the developed countries for learning the successful experience. And there are many similarities between the environmental problems brought by the modernization process of our country and the situation of environment in western countries in the middle of last century, which not only make the learning becomes maneuverable but also can decrease the unnecessary cost in the process of controlling environmental crime in our country. Therefore, the author wants to talk about this subject and provides an opportunity of theoretical innovation for the development of our country's criminal law of environment by improving the crime of serious environmental pollution accident. Specifically, this article includes introduction, main body and conclusion three parts, and the main body consists of the following four parts:In the first part, at first I analyzed and summarized the legislation process, format and characteristics of the Significant Environmental Pollution Accident Crime in our country. Then I summarized the environment pollution crime and the legislation format and characteristics of the corresponding criminal sanctions through cleaning up the environment pollution crime legislation venation of the countries which have the advanced legislation. At last I defined the legislation difference between countries and found the disadvantages of our country through comparison and analysis.The second part is the emphasis of this article. According to object, subject, objective element and subjective element of the crime of serious environmental pollution accident in our country I introduced and referred to the advanced legislation of environment pollution crime of the representative countries and outspread the article in a comparative and analytic way:There exist social law benefit and environmental law benefit in the aspect of object, and concluded that environmental rights should be the protected law benefit in the crime of serious environmental pollution accident; In the aspect of objective element, this article mainly analyzed and compared the different countries'crime patterns and causal relations theory, and concluded that dangerous offense should be prescribed and the deduction causality principle should be applicable in the Significant Environmental Pollution Accident Crime of our country; In the subject aspect, the main difference of environment pollution crime in different countries is whether it is admitted that the artificial person have the ability of undertake the criminal responsibility of environmental crime or not; In the aspect of subject element, compared the different subjective elements and whether it is applicable to the strict liability or not in different countries and concluded that the subjective elements of the crime of serious environmental pollution accident in our country should be the negligence and indirect intent, which is not applicable to the strict liability.In the third part, through comparing and analyzing the applicable principle and the mode of punishment of the environment pollution crime between foreign countries and our country, I concluded that many countries applied the strict criminal law and regard the economy of punishment and formed the characteristics of value freedom punishment, fine punishment and other measures.The fourth part is the suggestions based on the comparative analysis and concrete proof in the former three parts, which are about how to improve the Significant Environmental Pollution Accident Crime in our country:(i)separate the Significant Environmental Pollution Accident Crime into several crimes; (ii)subjoin dangerous offense; (iii)clear that the crime is inapplicable to the strict liability; (iv) the crime should confer to the deduction causality principle; (v)enlarge fine punishment application and value the application of non-punitive measures.