Study On The Crime Of Pollution Environmental

As the development of human society, environment pollution has appeared in a geometrical way, and the calling for environment protection by means of penal law has been increasing, too. To have environment pollution crime legislation perfected is an irresistible trend, where the popular will inclines. In the 46th article of The Eighth Item to Amendment to Criminal Law issued in 2011, the former "Severe Environmental Pollution Accident Crime" was revised as "Environment Pollution Crime", which changed greatly in constitution of a crime. And in June,2013, the judicial interpretation issued by Supreme People’s Court and Supreme People’s Procuratorate made environment pollution crime actually defined easily, but, there is still some deficient existing after we conduct careful investigation. Although China has set up basic framework to deal with environment pollution crime, "Environment Pollution Crime" cannot take full play of its protective role in practice due to the influence of human-centered idea. Therefore, it is urgent to match newly-revised Article 338 of Penal Law with judicial application better. Consequently, it is theoretically and practically significant for us to study environment pollution crime more carefully.In combination of current situation of environment pollution crime in China, the write in this essay studies environment pollution crime in 5 aspects by means of comparative analysis and document research, etc. so as to lower down risks of environment to be polluted, which will be illustrated as follows:Chapter one:Overview of environment pollution crime. In this chapter, the connotation, features and the function of environment pollution crime are explained. Environment pollution crime is defined more accurately when compared with various interpretations concerned with overseas and domestic. And, the differences between environment pollution crime and traditional criminal behavior are cleared in the complexity, continuity and perniciousness, etc. In addition, integrated with traditional function value of Penal Law, environment pollution crime should be defined explanatorily.Chapter two:Legal basis of environment pollution crime. Three aspects including sustainable development, ecological anthropocentrism and general protective theory regulated in Penal Law are analyzed, which provides theoretical support to have environment pollution crime perfected.Chapter three:Legislation and evaluation for foreign environment pollution crime. In this chapter, comparative analysis concerned with the fact whether there exist laws in civil law system and Anglo-American law system to define environment pollution crime, guiding ideology of Penal Law in details, and whether the criminals committing environment pollution crime are punished or not. Integrated with current situation, the deeper reasons hidden are specifically evaluated.Chapter four:Legislation change and existing problems of environment pollution crime in China are also classified in 3 stages. The idea of legislation change in development is summarized. Later on, combined with practical situation, problems of charge system setting, potential damage offense handling and statutory sentence setting, etc are presented as well.Chapter five:Legislative proposal to perfect environment pollution crime. Based on problems existing in China about environment pollution crime, proposals are presented in guiding ideology and specific perfecting path, etc. Also, specific insights relating to potential damage offense, criminal object and subject, special regulations setting, and perfecting Penal Law, etc are stated, too, with punishment against qualifications and fame punishment presented creatively.