The Research On The Perfection Of The Major Environmental Pollution Accident Crime

The Criminal Code of 1997 prescribes the crime of major environmental pollution in the way of criminal legislation for the first time.We can see that this is a Polymerizatio. In one provision it includes Crime of land pollution,crime of water pollution ,crime of air pollution.Because of the difference of the object and the social harm and the features of actions, Implementation methods or the Mediators are diffierent,it's not suitable to set forth these actions in one provision. The environmental pollution actions Of high occurance probability should be defined as dependent charges. For more conducive to environmental protection ,it's necessary to set forth a security charge. The major environmental pollution crime should be changed to atmospheric pollution crime,land pollution crime,water pollution crime, marine pollution crime,noise pollution crime and electromagnetic radiation pollution crime. Then in order to maintain the integrity and stability of the criminal law,we should prescribe a pollution method crime. But in order to protect human rights, to prevent any acts of environmental pollution are incorporated into the object of criminal law, it is necessary by way of judicial interpretation to set a clear scope of the crime of environmental pollution. Our Country's criminal law is quite clear to set the major environmental pollution accident crime as a result crime. It's easy to confused the the major environmental pollution accident crime with fault poisoning crime and major accident crime.Many a country's criminal law has set the major environmental pollution accident crime as potential damage.Set the environmental crime as potential damage has become a trend.It's decided by the mechanism of environment pollution crime.and It can not only make up the shortcomings of behavior crime but also can prevent the lag of result crime. In the perspective of criminal Hermeneutics,to interpret the 338 provision, the only subjective aspect of the crime is negligence, not including intentional.But deliberate acts of environmental pollution are common in real life. These acts can not be convicted according to China's current criminal law.The underlying motivation of the introduction of strict liability is to enhance the protection of environmental interests .And it can solve the problem of subjective identification . Strict liability is not an objective blame,it insists on the unity of objective and subjective principles of criminal law theory.