Empirical Analysis For Judgment Of Water Pollution Crime In China

Water pollution crime, which is also named polluting water crime or polluting water region crime, means the kind of behavior that violates the laws concerned water pollution control and pollutes water environment. Its premise must be to violate relevant legal rules. In recent years, water pollution crimes in China occur more and more. Water pollution incidents happen frequently; however, those which can go into judicial procedure and be convicted eventually are rare. This indicates that there are some problems on punishing water pollution crime in judicial practices. It's not just because of leaks of criminal legislation, but also shortness of judicatory makes judicial adjudication powerless. On the problem how to punish water pollution crime timely and effectively, Scientists in mostly focus on criminal legislation and pay less attention to judicial practice. According to the empirical analysis on the judgment of water pollution crime, find the existing problems in the judicial judgment and the reason of causing them. At the same time, make the relevant suggestions. Legislation should set up provisions in terms of the own characteristics of water pollution crime. Criminal legislation with leaks cannot conduct judicial practice effectively to solve problems. On the contrary, the shortages of judicial practice also hardly reflect legislative intent. In our country, water pollution crime is always condemned for crime for major environmental pollution accident, but judicial imbalance appeared in the judicial practice. The similar cases get different judgments. Water pollution crime began to be sentenced to crime of putting in dangerous substance. Before this "innovation", a situation, which is that punishment to crime and criminal responsibility doesn't suit, exists actually in the punishment of water pollution crime. On the whole, there are some problems on fines amount, proportion of unit penalty, auxiliary measures of punishment and jobbery incriminated. In order to solve these problems, in the view of legislation, crime for major environmental pollution accident should be amended, including stipulating Subjective offense, legislation of potential damage offence, bringing qualification penalty in, and the best way is to independently set up crime for water pollution; Consummate the related legal provisions on the crime for dereliction of duty in environment supervision. Judicially speaking, consummate the relevant judicial procedure and judicial interpretation; Because water pollution crime has characteristics as potentiality, reason complexity, difficult quantization and irreversibility, it's necessary to allocate some judicial officers with environmental professional technology; Judgment should insist principle of suiting punishment to crime and criminal responsibility. On the basis of practical situation of cases, enhance appropriately the punishment of imprisonment, accessory penalties and auxiliary measures of punishment, meanwhile increase judgment proportion of accessory penalties and auxiliary measures of punishment.