On The Legislative Perfection Of The Crime Of Pollution Environmental Pollution In China

Technology and advances in technology for China’s economic development has provided rich material costs, but behind the scenes to get these substances was based on the cost of the expense of the environment. Menthods people carries psychological exhaustion constantly taking the natural resources, environmental pollution problems caused by more and more relevant, and environmental pollution are common behavior.China, as a developing country, the prospect of extensive rapid economic development to our environment also caused enormous damage. To address the problem of environmental pollution in the legal aspects of doing a series of efforts, such as a country in civil, administrative and other areas to conduct a detailed environmental pollution regulations, but the frequent pollution incidents warn us legal irregularities efforts not enough. It is because criminal law is characteristic of "the last guarantee" determines when other laws can not effectively punish polluters behavior, criminal law but should take up the prevention and punishment of the burden of environmental crime, for which our country made a series of criminal law in the legislative history exploration. However, many legal and multi-power investment environment today, the behavior is still widespread environmental pollution, environmental pollution cases still occur every day throughout the country. In this regard, we have to reflect on "Criminal Law" Section 338 "pollution environmental crimes" if there are some defects in the legislative level. Legislation is the first step to punish crime, inadequate legislation will hardly play a role of criminal law in combating crime. Therefore, this article will be under the existing legislative framework surrounding the crime of "doctrinal dispute" and "judicial practice exposed the" two major themes elaborated, and then back to the legislative level, analysis of the problems, and give final legislative proposals to improve environmental pollution of sin.The first part of the text is the environmental pollution of sin legislative history overview. Overview by the crime from 1979 to 2013 legislative evolution of the crime at the theoretical level there acquaintance framework, thus better able to understand and facilitate the study of Theory and Practice below.The second part of the combination of these legislative history on this crime, the Crime Analysis of the shortcomings from the legislative system, mainly from the Penal Code for the crime of polluting the environment in which the chapter settings, and narrative aspects of the crime charges, was found set on the criminal justice system lower rank, the importance of environmental pollution crime can not be prominent; secondly found charges are too general and specific acts of pollution of the environment is not relevant.The third part points out the dispute under existing legislation of the crime in theory exist, mainly from the subjective element of crime Accomplished Form and causality induction controversial views, analysis views, analysis and demonstrate the author’s conclusions.The fourth part introduces the crime of environmental pollution related cases, cases introduced by the comparative analysis, which found that exposure to crime in judicial practice problems, mainly related to the issue of punishment set. such as "co-different sentence", the intensity of punishment different penalty ineffective judicial practice and other issues, and then back to the criminal law provisions of the crime of deficiencies in legislation penalty.The fifth part is a problem for the article second, third and fourth part of the discovery made in legislation to improve practical construction. In terms of system charges, special section of environmental pollution crime in order to improve its rank in the criminal law, the refinement of Accusation, broken down into specific offenses:in terms of constituent elements, clearly stipulates the subjective aspect of the crime of polluting the environment, the establishment of clear Perilous; clarify controversial theory, and try to resolve doctrinal dispute; the punishment to set an appropriate increase in freedom advocate punishment, punishment additional qualifications to expand the non-penal sanctions, the amount of the standard uniform of fine penalty. Elaborate on each recommendation, look forward to the reform of sin has been acting on the legislation.