Issues Discussed In Environmental Pollution Crime

Criminal Law Amendment (â…§) in2011article338th stipulates that the environmental pollution crime alternates the major environmental pollution accident crime. It extends the applicable scope and reduces the incriminate limits. It is not only a criminal name changed, but a lot of juridical identification problems also need to be identified. This paper discusses the difficulties juridical practice faced and makes suggestions to guide juridical practice. The paper is divided into3parts:Part â… , Through the analysis of Jiang&Dong case that who dumped industrial wasted acid and were prosecuted for environmental pollution crime by Shanghai prosecutorial organization, pointing out that from the major environmental pollution accident crime to environmental pollution crime, it indeed marks a new era coming, meanwhile compared the following contents including law construction, legislative mode, attempted crime punishment, accumulative penalty and criminal negligence punishment with German to gain enlightenment in discussing the environmental pollution crime.Part â…¡, For these reasons, having difficulties in determination of crime, under-developed judicial philosophy, inadequate judicial interpretation, substitute fines for criminal punishment and the disadvantages in current institution of criminal lawsuit, the applicability of environment pollution crime still faces a lot of judicial confusion, such as presumption of causal relation, penalty for single, punishment against liberty, same criminals different results, no specific calculation standard for environmental damage results, no specific subjects for the incidental civil lawsuit.Part â…¢, Research on the understanding and application of environmental pollution crime. First, in the process of determining and punishing environmental pollution criminal cases, the prosecutorial organization should notices the followings:first is attaching equal importance to criminal punishment and risk prevention, second is the unification of expansion and restrain in environment criminal law, third is comprehensive balance between environmental risks and environmental benefits, forth is the effective cohesion from criminal law to criminal procedure law. Second, build up a new model for the application of the restorative justice. Third, make innovations in lawsuit system of environmental pollution crime to make judicial practice effect and perfect.