Crime Of Polluting The Environment And The Placing Dangerous Material Distinction

The environment is the source of human food and clothing, is the basis for humansurvival and development. Ecological and environmental problems has become increasinglyserious in China’s rapid economic development, the environment, the situation is more severe,even a threat to people’s living environment and hinder sustainable economic development.Face of such a serious environmental problem in China in1997, the Penal Code the crime ofthe protection of environmental resources has made special provisions into the penalty meansa system of environmental protection, use of criminal law legal barriers to protect this last oneto protect society environment, against all kinds of environmental pollution accident crimeeffectively, to achieve harmonization of survival, development and the environment,safeguard the common interests of mankind.2011enacted "the Criminal Law Amendment (8)", made a major revision of Article46of the amendment to Article338of the Penal Code ofmajor environmental pollution accident crime, which shows our national governancecommitment to environmental issues, but also implement The fundamental requirement forimplementing the scientific concept of development.This article has used the case analysis form, take “the Yancheng2.20water pollutiondocuments” as the object of study, the union disputed all quarters and the judicial trialviewpoint, the extraction case disputes the focal point and through to the correlation theoriesanalysis, thus proposed own opinion, to pollute the environment question by the time thelegislation and the judicature provides the beneficial reference. The this article major pointand the concrete structure are as follows:The first part is a main points of a case. Yancheng2.20water pollution documents.The second part is the case introduction. Jiangsu Province Salt city Sign New Chemicalindustry Limited company illegal discharges the waste water to the rivers in, in the causeproduction running water phenol class material serious exceeding the allowed figure, causesthe Yancheng urban district inhabitant to stop using the running water to amount to66hours40minutes, creates the heavy loss. The Jiangsu Province Salt city salt all area people’s courtputs in the toxic material crime, to the owner who causes the environmental pollution carrieson the criminal punishment.The third part is the case disputes the focal point. This case disputed the focal point mainly is must recognize why the crime, is by pollutes the environment crime to determineguilt the punishment to put in the dangerous material crime to determine guilt the punishment.The fourth part is the divergent opinion. One viewpoint thought that, This documentconstitution pollution environment crime. The major reason is: This case encroaches theobject is the country environmental pollution preventing and controlling control system; Theobjective aspect adopts the emissions to include the poison archery target waste behavior way,but is not emissions virulent material itself; The subject of crime is a unit; The subjectiveaspect displays for to the final outcome is one kind of error point of view. Another viewpointthought that,This document constitution delivery dangerous material crime.The major reasonis: This case encroaches the object is the public security, namely unspecific most person’s lifeand health safety and property security; The objective aspect has implemented the emissionswaste behavior and harms the public security sufficiently; The subject of crime is the naturalperson namely two defendant individual criminality; The subjective aspect displays forintentionally.The fifth part studies the conclusion. In view of the above dispute focal point, thediscussion pollution environment crime and the delivery dangerous material crime respectiveconstitution important document related theory theory, and unifies this case fact to carry onthe comparative analysis, proposes oneself to this case the view and the theory opinion:First, unifies "Criminal law Bill for amendment (8)" to pollute the significant revisionwhich the environment crime makes, to polluted the environment crime criminal object, theobjective aspect, the main body and the subjective aspect these four constitution importantdocument has conducted the one by one research and the analysis, let everybody be able tohave one to this crime to know clearly.Next, the explanation analysis delivery dangerous material crime four constitutionimportant document, lays the rationale for as follows two crime comparative analyses.Third, to pollutes the environment crime and the delivery dangerous material crime eachconstitution important document carries on the comparative analysis, theoreticallydifferentiates two kind of crimes strictly.Finally, through to four constitution important documents in case special detailsdiscussion, finally draws author’s conclusion. Namely the author thought that, Creates theserious pollution environment regarding the contrary emissions the crime we to be supposedto pollute the environment crime to determine guilt the punishment. The sixth part is the case enlightenment. Through and unifies case itself to the chargeanalysis, our country severe sentence thought must correct urgently, simultaneously thejudicial activity also should have the limit, finally realizes the legal order stable as well as thegain good society effect.