Research On Related Issues Of Environmental Pollution Crime

With the rapid development of our economy, our country environmental pollutionproblems become more serious. In order to deal with the problem of environmental pollutionto economic, society brought grim challenge, in our country criminal law revised in1997, isdevoted to the" crime of serious environmental pollution accidents", to protect environmentplays a positive role. But because of imperfect legislation, in the judicial practice andacademic theory, the comprehension and application of the crime has caused a lot ofcontroversy. For instance in February20,2009occurred in Jiangsu Yancheng xinbiaochemical plant water pollution case (hereinafter referred to as the2·20pollution case) causethe crime of serious environmental pollution accidents and disputes between the crime ofthrowing dangerous substance. It is a controversy exists, the invisible impetus to China’slegislation. In February25,2011, the eleventh meeting of the nineteenth NPC StandingCommittee adopted the" PRC Criminal Law Amendment (eight)"(hereinafter referred to asthe " criminal law amendment (eight)"), forty-sixth of them on the" criminal law"338bemodified, make the crime of environment protection is more comprehensive, and through thecrime the lower threshold can be more effective against environmental crime. But the authorthinks that" criminal law amendment (eight)" of this revision is still have many deficiencies.Because of environmental pollution crime derive from the crime of serious environmentalaccident, so between the two has come down in one continuous line relationship, so the authorwill in" criminal law amendment (eight)" after the legislation background again on JiangsuYancheng water pollution cases analysis on crime of polluting the environment, and putsforward some improvement suggestions, with a view to theory and practice.This paper consists of four parts, about17000words:The first part, the profiles, a situation made brief introduction, leads to court the disputefocus, and through the" criminal law amendment (eight)" new338and original methodcarries on the brief analysis, reach in new legislative background of the case also apply newlaw conclusion, for use in below new environmental pollution crime analysis way.The second part, the author of the first part of the two main issue legal analysis, to drawthe2·20water pollution in the subjective aspects of human behavior as overconfidentnegligence, and the case of the sewage behavior is company action, it does not conform to theconstitution of the crime of throwing dangerous substance related to the requirements of. But our country environmental pollution crime subjective aspect includes overconfidentnegligence, subject of crime including the subject of unit crime, and concluded that the caseshould be applied for environmental pollution crime criminal penalties conclusion.The third part, the author through to the crime of throwing dangerous substance and thepollution of the environment crime as the angle of view, comprehensive interpretation of thetwo different aspects of the constitution of the crime, again with the case ’s specificcircumstances, to the conclusion of the second section to provide more favorable theoreticalsupport.The fourth part, through to the third part of the analysis, we find that the crime ofthrowing dangerous substance and crime of polluting the environment to a certain extentcompeting relationship, such as environmental pollution crime in the subjective aspect alsohas deliberately, two crime in the criminal tools on the cross, crime of polluting theenvironment to a certain extent will endanger public security and so on. While the legislationis not perfect in China, which makes the punishment is applied on the corresponding laws orjudicial interpretations promulgated before the application of vacuum. This is also thejudiciary on2·20pollution case applying crime of throwing dangerous substance can causesuch controversy. Therefore, we need to point out that our country environmental pollutioncrime legislation, and on this basis, put forward to perfect the countermeasure and thesuggestion. The author also hopes to be able to through these issues interpretation, make somecontribution to construction of rule of law.