The Research Of Environmental Pollution Crime In Our Country

To protect environment resources is the basic requirement of sustainable development, it is also a important performance for us to construct a rule of law country that it’s basic connotation is harmonious. In recent years, China’s criminal legislation has made great progress on environment and resources protection, but there is a big gap compared with developed countries. To observe the current criminal law in our country, involved in pollution environment crime of "significant environmental pollution accident crime" is modified into "environmental pollution crime" in the criminal law amendment (eight), which showed that the country increased the strength of penalties to the criminal behavior of polluting environmental on the environment and resources protection, at the same time such rules pay attention to the balance between the traditional view of personal and property protection and ecological function and ecological value of highlighting environmental resources.Although the rule which is revised significantly reduce criminalizing threshold of environmental crime, increase the deterrent effect to behaviors of polluting the environment, but if you think carefully, you will find that some contents published in the "criminal law amendment (eight)" is still worth to improve.In this article, to analyse and research environmental pollution crime in our country by five parts. The first part of this article is introduction, to discuss the research background and significance of this research topic. The second part is a overview about the crime of polluting environment, from the aspects of legislation evolution and composition characteristics of polluting environment crime to discuss. The third part is about the present situation of the environmental pollution crime in our country and discusses the existing problems, in which exist some problems in terms of defining environmental pollution crime,for example,there is no distinguish between intentional crime and negligent crime in our country, only make a rule of the results crimes and ignore the dangerous crimes, the strength of penalties is light and single, property punishment imperfect. The fourth part analyzed the characteristics of environmental pollution crime in all over the world and relevant experience through comparative study of environmental pollution crime in foreign and Hong Kong, Macao and Taiwan. Part five give some suggestions according to the flaws of environmental pollution crime in our country, the author suggested that explicitly stipulated intentional crime and negligent crime in the environmental pollution crime, and add the dangerous crime; Put forward to strengthen the penalties and how to achieve diversification of the punishment; Through the confiscated money penalty and the develop fine punishment to perfect the property punishment.Academic circles has been demand to modify the original defects of existing in environmental pollution accident crime, however there is no substantial change between the revised environmental pollution crime and the original significant environmental pollution accident crime, so there are still some practice and research significance for putting forward suggestion according to the defects existing in environmental pollution crime. The author write this article through refer to the experience of foreign,Hong Kong, Macao and Taiwan regions, hope to provide new ideas and directions for modifing the environment protection legislation in the future.