A Study On The Related Problems Of The Elements Of Pollution Environmental Pollution

Environmental pollution crimels the revised "criminal law amendment(eight)" the new charges, It was this revision make this crime subjective important document, legal interests, objective elements The original major environmental pollution accident crime a series changes have taken place, This also caused a series of disputes. To the elements of the crime constitution of this crime is of great significance to the present status of the environmental pollution in China. The current extensive pattern of economic development in our country and the resulting environmental pollution problem increasingly prominent contradictions,National level will also be a system of ecological civilization construction in the cause of socialism with Chinese characteristics "five one" the strategy of general layout,Around the beautiful China to deepen reform of system of ecological civilization construction, speed up the build system of ecological civilization, red line drawn ecological protection, improve the ecological environment protection management system, for the construction of beautiful China has important practical significance. The visits since the eighteenth big central to the path of the construction of ecological civilization construction system: In December 2012, the environmental protection agency, the national development and reform commission and the ministry of finance jointly issued the "twelfth five-year" plan key area prevention and control of atmospheric pollution, strict environmental access;Supreme act 2013, the highest issued "about deal with criminal case judicial explanation of" environmental pollution; In September 2013, the state council issued "atmospheric pollution prevention plan"; In October 2013, "protecting the environment is the basic national policy" in submitted to the standing committee of the National People’s Congress of the environmental protection law draft amendment; On April 24 th, 2014, the standing committee of the National People’s Congress passed amendments to the "environmental protection", and will come into force on January 1, 2015.The system set up and perfect embodies the national level to wage war on pollution of the environment, win the battle of environmental protection are determined. As Mr Xi and Mr Li, chairman of the prime minister said, "to speed up the construction energy conservation and emissions reduction and pollution prevention, leaving future generations shamrock, self-identify, water net better homes" In this paper, based on the current environmental pollution situation and current national level environmental pollution situation, combined with 2011 of the criminal law amendment(eight) "sin for polluting the environment in the study of constitutive requirements,Hopes for this crime in the judicial practice in the process of a series of disputes exist in the set, This a series of controversial problem in the judicial practice advantageous to realize the unity of justice, The same facts in the same scale, improve judicial efficiency, avoid different sentence connection with judicial confusion, so as to manifest the authority of law and justice.