Concerning The Legislation Perfection Of Environmental Pollution Crime

As environmental harm results of polluting crime is more and more serious andenvironmental pollution accident happen more frequently in recent years,has made theprovisions of China’s present criminal laws can not accommodate the requirements ofenvironmental protection. Thus environment polluting crimes becoming a hot topic.Inorder to perfect the environment polluting crime. Conforming to the national conditionsand the requirements of The Times, amendment eight in our criminal law has madegreat changes with the elements of serious environmental pollution crime in thecriminal code in97, which plays a positive role in expanding the environmental crimeand protect the environment, however, the change is not complete and indulge aconsiderable number of environmental pollution crime. Therefore, the author proposedsome suggestion to perfect the environmental legislation on the basis of the provision onenvironmental pollution in criminal law amendment eight.The first part is mainly about the overview of our country’s environment pollutingcrime. First of all, this paper expounds the characteristics of polluting the environmentcrime, and the differences with destructive environmental crime. Secondly, reviewingthe development of provisions on the environmental pollution crime in criminal lawfrom the aspect of our country’s crime legislation evolution of environment pollutingcrime. Finally, through the analysis the paper comes to the conclusion that there existsdeficiency in environment polluting crime---the insufficiency of the penalties strengthand types, the roughness of the legislation, etc.The second part of this article comes to the enlightenment on our country’senvironment polluting crime by the analysis of the environmental crime legislationpatterns and the settings of specific charges in foreign developed countries, such as: thelegislation idea, legislation style, into-sin conditions, the subjective factor of crime,etc.The third part is to describe the idea of by enhancing our environment criminalcharges to perfect our environmental crime legislation system. There are two waysmainly. The first one is the sin of decomposing serious environmental pollution accident.In this section the author tries to analyze the feasibility of disintegrating the seriousenvironmental pollution accident crime into the water pollution crime, air pollutioncrime and land pollution crime from the different characteristics of the three criminallaws and the basic principle of the Criminal Law. The second way is to add new crimes to supplement the deficiency of the legislation. The author analyzed the necessity ofnoise pollution crime and Marine pollution crime on the basis of previous studies.The fourth part is the thinking of the other issues of about environmental pollutioncrime.It analyses the strict liability and criminal forms in the subjective conditions, thenecessity of setting up dangerous crimes in our country and put forward someSuggestions about the defects in current legislation of environment polluting criminalpunishment measures to perfect our penal legislation on environment polluting crimesand promote and protect the environment on the way of sustainable development.