Research On Objective Circumstances Of The Crime Of Polluting The Environment

Haze weather appeared in many areas in China from last year, PM2.5(fine particles),the original strange terminology,quickly into the sightof people, air pollution seriously aggravated.Our country and even theworld often see the air pollution,water quality deterioration,noisepollution and other environmental pollution phenomenon.The problem ofenvironmental pollution has been a serious threat to the survival anddevelopment of human society,through the criminal legislation tostrengthen the punishment and prevention of environmental crime hasbecome the consensus of all countries in the world,especially thedeveloped countries have established a relatively perfect environmentallaw adjustment mechanism. China’s1997"criminal law" contains someprovisions of the "environmental crime".In2011,"criminal law amendment(eight)" sets the legal charges of "polluted crime",the crime of pollutingthe environment provides more detailed,expands the scope of legalregulation on the behavior of the environment pollution,reflects thepeople’s interests of environment.Although the environmental pollutioncrime in the law has been amended,the Language expression is more concise.But there must be more or less errors in practical application.So we needdefine the word"serious pollution"and so on.The following objective elements of the crime of environmentpollution from four aspects:first,introducing the pollution situation atpresent and the connotation of environmental crime evolution problems.Secondly,the objective behavior of the environment pollution crime isintroduced,including the concept,classification and characteristics isdiscussed.Thirdly,systematically expound the harmful result of environmental pollution crime.Including explaining "serious pollution ofthe environment" which is amended in the "criminal law amendment(eight)"in words,in addition to Tong said that environmental pollution in ourcountry is regarded as consequential offense,criminal punishments shouldoccur in the acts of environmental pollution,harmful consequences do notappear and expand the scope of regulation of criminal law on environmentalcriminal penalties.Besides,the article gives an account of some reasonsabout the Dangerous crime.Finally,the article solve the question ofidentifying the causation between behavior and Harm result of theenvironmental pollution crime.We should draw lessons from developedcountries theory about environmental protection legislation and hope thatwe can find new solutions to deal with dilemma in judicial practice.Then,the writer puts forward some suggestions to construct thecausation theory which fits environmental pollution crime.