On Crime Of Environmental Pollution

In recent years, environmental issues have become a major problem in today’s world, and are particularly important and urgent in China. Compared with environmental criminal legislation in international criminal law, China still has many deficiencies in criminal punishment of environmental crime. Thus, lots of experts and scholars in criminal law begin to focus on studies related to perfection of environmental criminal legislation and better punishment of criminal crime. As a typical crime of environmental criminal legislation, crime of environmental pollution discussed in this paper becomes a priority of researches. The author also discusses about crime of environmental pollution by following the pace of senior scholars and proposes some views, in order to have a more profound understanding of this crime during the discussion about current deficiencies in crime of environmental pollution, and make due contribution to perfecting the legislation of crime of environmental pollution.This paper is divided into four chapters, and the first chapter mainly introduces the crime of environmental pollution and its characteristics, and thus reflects the legislative process of further perfecting this crime in China. In terms of characteristics of this crime, crime of environmental pollution is analyzed from two aspects namely general characteristics and constitutive characteristics. Also, this chapter proposes some views about problems in constitution of crime of environmental pollution, and problems that still remain unsolved in constitution of this crime at the present stage of China.The second chapter mainly describes the determination and punishment of crime of environmental pollution. The author further determines constitutive characteristics of this crime and its definition in judicial practice, by comparing constitutive elements of crime between this crime and other similar crimes. By discussing about the sentencing and penalty of this crime, deficiencies of this crime in penalties are proposed.The third chapter mainly describes advanced legislation of crime of environmental pollution in other countries and their legislative characteristics, so that China could refer to quite cutting-edge legal features, and current deficiencies in China’s legislation and jurisdiction of crime of environmental pollution.The fourth chapter mainly proposes coiresponding solutions to the above mentioned deficiencies. The author believes that China’s legislation should include subjective aspects of crime into principles of criminal intent and establishment of presumption of fault under principles of environmental protection law and criminal law and the overall framework of China’s legal guidelines according to characteristics of this crime, add provisions of potential damage offense objectively, and perfect penal system, in order to rigorously fight against crime of environmental pollution by criminal law, and thus protect and improve our living environment, promote the common development of China’s environment and economic society, and build a beautiful China with clean environment and harmony between man and nature for ourselves and future generations.