Research Of Application And Improvement Of Legislation On Enviromental Pollution Crime

In today’s world,environmental issue,that has become a major problem,whichtroubled the national economic development and people’s living standardsimprovement.If we should to crack the environmental crisis,we need to use a varietyof means to comprehensive regulation.As the most important means to combatenvironmental crime,law,especially criminal law should be taken more attention andused.In our country,since the1997Criminal law contains significant environmentalpollution accident crime,using punishment means to punish environmental pollutioncrime which has play a very important role in environmental protection.However,with the rapidly progress of society,the environmental pollution accident crime hasbeen seriously behind times requirement. There exists ills that backward legislationand softy punishment means."Criminal law amendment (eight)" to make significantchanges to the Article338of the criminal law, it has establish ed the crime ofpolluting the environment.The crime of polluting the environment with a strongadministrative dependence,harmful consequences severity and persistence,criminalmeans of concealment and Technology.About the applicable aspects of the crime ofpolluting the environment,it has many poles to worth exploring,the main problems issuch that,the crime subjective aspect of this crime for negligence or intentionalmisconduct or negligence and deliberately mix; this crime whether apply strictliability or not;this crime committed crime pattern is the result of making or behavior;causality presumption can be used to prove that this crime or not.Based on theargument,we can draw the following conclusions:First, this crime is belong to theintentional crime and behavioral offence crime; Second, this crime should be appliedof strict liability and causation presumption should be allowed to apply; Third, thecrime punishment system has three major flaw:such as,The statutory punishment islighty; the punishments of the crime types is relatively single;this crime’s penalty ofoperability is not strong.According to the application of the environmental pollutioncrime and its punishment system defects problem,in the aspect of legislation shalladopt the following several aspects of the measures:First of all,we should beindependent as discussed with the environment crime,improved the environmentalpollution crime object covers content and elements, in this chapter to add somespecific environmental pollution crime charges;Second,the establishment of thiscrime’s danger crime and the aggravated crime;Finally, this crime’s penalty systemshould be improved,shall be appropriately raise legal punishment standard,should perfect fine penalty applies, should provide qualification punishment and shall besupporting the use of the un-penalty punishment.