The Improvement Of Legislation System Of Environmental Pollution Crime In China

Environmental pollution crime, social and economic development at home andabroad since the focus of attention of the common cause, China’s environmentalcriminal law development also experienced a difficult process of development.Feb25th2011, the11th national people’s congress standing committee meeting throughthe19amendment of criminal law (8) of article338of the criminal law is a seriousenvironmental pollution accident crime is amended as:In violation of state regulations, emission, dumping or disposal of radioactivewaste, including pathogens of infectious diseases, poisonous substances or wasteother harmful substances, of serious environmental pollution, less than three years inprison or criminal detention, or shall only or be fined; If the consequences areespecially serious, be in3years of above shall be sentenced to fixed-termimprisonment of seven years and shall also be fined,In general, reduce the this crimeinto sin threshold, the criminal law of our country environment of the greatsignificance. but modified a serious environmental pollution accident crime there stillhas some shortcomings, in environmental pollution condition gradually serious today,the present legislation already can not adapt to the needs of the crime. Therefore, howto improve environmental pollution crime legislation system is this paper will explore the central issues. this paper attempts to environment pollution status crime and thecurrent domestic environment criminal activity legislation analysis, and points outthat the current criminal legislation about environmental pollution of the shortcomingsof the crime, and then use the criminal law theory, to how perfect environmentalcriminal law be further studied. the letter divides into four parts:The first part of the"environmental pollution crime criminal legiselationovervew", our country the environmental criminal law at first legislation to makethis background, and then introduced the criminal code add environment since the1979crime since, our country all previous criminal legislation on the environmentalpollution to amend the criminal processThe second part of "environmental pollution in China’s legislation of crimebackground and legislation history", this section of the paper should briefly expoundsthe concept of environmental pollution crime, the status quo and existing laws forenvironmental pollution crime specified, to the pollution of the environment of ourcountry has a more macroscopic crime grasp, and thus reflecting China’senvironmental criminal law existing problems.The third part of "the environmental pollution crime criminal legislationshortage", this part of the evaluation of Chinese criminal law on the environmentalpollution of the provisions of the crime, and from environmental pollution crime legislation mode, charges system, specific charges and punishment of the crime of theapplicable principle and the application of the kind of analysis of the shortcomings ofthe current legislation.The fourth part of "environmental pollution crime legislation" through the thirdpart of the analysis, find out the "in the disease. using the criminal law theory, solvethe pollution of environment criminal legislation, the main problems of namely:complex legislation maintain, a sin to the improvement of the constitutiverequirements, the introduction of strict liability and the increase of punishments. Andto explore and environmental administrative legislation of cohesive devices, to makeup for the criminal law in punishing the disadvantage of the environmental pollution.