Soil Pollution Criminal Punishment Mechanism Research

At present, China's soil pollution is serious, the pollution of soil compared with air pollution and water pollution speaking not easily by people become aware, for the harm of the human are mainly embodied in the harmful material in the transfer of the food chain, strong concealment, its pollution diffusion speed although slower, but pollution of soil is difficult to recover after the previous ecological, from the sold rice exceeds bid to chrome blood lead children, all have the important factor of soil pollution, visible soil pollution not only caused great damage to the environment and has a serious danger to human body health, but because China's present criminal legislation and the lack of serious pollution of soil behavior punishment of criminal law is inadequate, which involve soil pollution of the illegal and criminal behavior not effectively. Foreign developed country in last centuries fifty or sixty time had developed severe criminal legislation on soil pollution crackdown, and with the progress of social development and constantly revised and improved, the formation of a scientific and effective penalty system, its advanced experience is worth learning.From the legal Angle, the author considered that soil pollution is because the human activities in material or the energy into the soil, change the normal soil physical and chemical properties, cause soil quality drop, further influence soil use or endanger human body health and living environment phenomenon. Because of the causes of the pollution caused by the soil is very complex, so the soil pollution also has diversified forms of characteristics, its characteristic is mainly manifested in the soil pollution area wide, electronic waste pollution soil problems, industrial and mining of "three wastes" contaminated soil and agricultural non-point source pollution serious situation to expand. The damage of soil pollution ultimately mainly embodied in two aspects, that is, to the destruction of the soil ecological and human health harm.Seriousness of the impact of soil pollution situation of China's long-term development interests of the criminal law as a last resort against serious crime is irreplaceable.Whether based on the protection of ecological interests and people's lives and property interests from the penalty function, the serious pollution of soil behavior are criminal law to intervene if necessary, our current criminal penalties involving soil contamination the main provisions in the Criminal Law Article38crime which pollute the environment, Article115and Article136of potential provisions of criminal responsibility due to severe soil pollution behavior. Punishment of the soil pollution crime in China there are many inadequacies mainly reflected not independent in the soil pollution charges, conviction and sentencing, there are many difficulties in accordance with the crime of polluting the environment, property, torture did not receive the attention it deserves and soil pollution, crime, environmental crime of the soil pollution non-punitive penalties ignored, to address these issues the author suggested the creation of a separate crime of soil pollution, and its design is as follows: violation of state regulations, emissions to soil, dumping or disposal of radioactive waste, waste containing infectious pathogens, toxic substances or other harmful substances, resulting in the fundamental nature of the soil changed, seriously affect the soil follow-up or endanger people's health and living environment, at more than3years7years imprisonment and fined; particularly serious consequences, at7to10years imprisonment and a fine or confiscation of property. This offense is set to increase the freedom of punishment to the confiscation of property provisions to help highlight the tilt protection function, and give full play to the criminal law in the criminal aspects of soil pollution due punishment. Addition, I propose to introduce a non-punitive measures to the strict penal system, restore the victim of legal interests.The penalty crime is not the final purpose of punishment, more important is the punishment of the crime of correction destruction of social justice, through using comparison, combined with actual situation in China, this article in foreign soil pollution crime legislation advanced punishment based on the experience of the soil pollution of our country criminal law the punishment mechanism research, in order to better use criminal law in punishing the role of soil pollution crime, better protection of the ecological environment in the soil.