Research On The Criminal Regulation Of Water Pollution Crime In China

Since the last30years，Under the environment of reform and opening up. Inpursuit of rapid economic growth and social progress in China case.Pollution waterenvironment is facing a growing threat. Against this background,1997Chinesecriminal law had established the"crime of serious environmental pollution accident",water environment protection played an active role. Criminal law changes in2011,the code No.338defines as "environment polluting crime ", abolished the crime ofserious environmental pollution accident.On the gravity of the situation of waterenvironment in China, which is of important significance to the change, but at thesame time some remnants did not solve the problem.Lead to inability of still weakcriminal law in water environment protection.Therefore, In the new stage of socialdevelopment, our country must improve water pollution legislation of criminal lawand judicial aspects of crime, in order to strengthen water pollution crime combatingand punishment protection of the water environment is very important.This article have four parts To the study of criminal regulation of water pollutioncrime:The first part，General introduction the water pollution crime，Analysis of theforeign criminal law on the crime of water pollution situation and comparison of rulesof criminal law on the crime of water pollution in China，Currently our major crimeregulation on water pollution by polluting the environment.The second part，In response to problems in existing criminal law on the crimeof water pollution regulation in China to explain the analysis，Regulation of waterpollution in our country crime criminal defect focuses on subjective position, thesetting of water pollution crime and water environmental protection,Usually by administrative means of regulation of water pollution in our country，Many criminalregulation of water pollution should be carried out without effective regulation.The third part，On the framework of our existing criminal，How to effectivecriminal crime of water pollution regulation. Crime on water pollution often pollutethe environment regulation，clear water pollution crime against the law of waterenvironment of social order and security，The legal interest of crime of property andwater environmental protection is consistent. Secondly discuss water pollution crimedamage ranges，"serious pollution" in the relevant judicial explanation to how toapply.The fourth part，Through typical water pollution crime cases，Further on thedefects of crime legislation of water pollution and the obstacles encountered in thejudicial practice. Both confirmed the positive impact of water pollution in Yanchengcase also points to problems in the sentences. From the judicial and legislative aspectsof crime-related aspects of water pollution improvement proposals.