Research On Environmental Pollution Crime

With the rapid development of economy, our country is in the processes of deepening industrial level and stepping up urbanization construction, facing the situation of increasingly serious environmental pollution. The great danger is brought by the events such as Conocophillips oil spill accidents and haze in our country. Facing the situation that life and health could be damaged, the common people hope our government does something to allow them to enjoy the right of the good environment. Criminal law plays an important role in the field of regulating the environmental pollution crimes with its strong function of deterring crime and preventing Crime.Though "criminal law" of1997year and "criminal law amendment8" make the rules and changes on Pollution of the environment crime, but a lot of environmental violations and environmental criminal responsibility has not been investigated. After Conocophillips oil spill accidents occurred in June2011was revealed by people, the company did not take any measures to prevent oil spill pollution further essentially. The company denied strenuously and response negatively, making further losses for marine ecosystems, fishermen and farmers. People are confused why we can’t Punishment them of criminal responsibility that Conocophillips oil spill accident of environmental pollution is so serious. The reasons are pollution environment crime legislation is imperfect and administrative and judicial level mechanism is not sound. On the basis of these, the article are analyzed and thinking and put forward the corresponding improvement suggestions.Chapter one:following the current situation of serious environmental pollution, this chapter focuses on the necessity and importance of regulating the environmental pollution crimes through Criminal law. In addition, this part also analyses the concept and features of environmental pollution crimes, and the current situation of regulating the environmental pollution crimes through Criminal law.Chapter two:this part analyses the accident crime of great environmental pollution stipulated in Chinese criminal law of1997from the composition of the essentials. Comparing the crime of environment pollution in the8th criminal law and the accident crime of great environmental pollution, this part also states the problem and insufficient existing on the crime of environment pollution.Chapter three:this part focuses on the countries which the environmental criminal legislation are more developed. Investigating the environmental criminal legislation and judiciary in Japan, Germany, Brazil, the United States, analysing advanced means of which, this part provides lessons for the perfection of our environmental criminal legislation.Chapter four:Analysis of problems existing in the current environment crime in our country and draw lessons from foreign advanced practice environmental crime, This chapter include the several aspects to perfect our environmental pollution crime. They are accurating definition of harmful substances, expliciting the subjective aspects of crime, improving the sentence structure, perfecting the judicial investigation mechanism and endowing the procuratorial organs right of criminal incidental civil lawsuit...