Determination And Improvement Of Environmental Pollution Crime

In the eighth criminal law amendment, seriously environmental pollution accident crimewas modified significantly and renamed environmental pollution crime, which made theapplication scope of environmental pollution crime more extensive and pollution ofenvironment prevented more effectively. It can not be denied that the modification madepositive significance, but it also existed many problems in environmental pollution crime,which made this crime can not meet the need of practice. It is necessary to do a furtherresearch on environmental pollution crime to make it more perfect. This paper is divided intofour parts to discuss the crime of polluting the environment.The first part gives an overview of environmental pollution crime. First of all, the basisfor criminal law involved in environmental protection. Environmental pollution behavior haslegitimacy to criminal law, and the current situation of pollution in China to see the need formore frequent severe punishment measures to curb environmental pollution events, at thesame time, the international community generally agree to the criminal law is a vital means ofprotecting the environment; Second, the development of the legislation of environmentalcriminal law in China were summarized, and expounds the development of environmentalpollution crime. Finally, analyzes and summarizes the characteristics of environmentalpollution by sin, believe that sin has administration attribute, pollution, harm result severity,endangering the sustainability of the result.The second part focuses on crime constitution. Academic circles in our country thecriminal object of the crime object not form a unified understanding of this crime, there aremany arguments. Through the analysis of the mainstream view, finally recognize the criminalobject is complex object of this crime, namely of the citizen’s environmental right andenvironmental system in our country; Objective aspect, from the result of behavior, thehazards and causal relationship from three aspects this paper expounds in detail the objectiveaspect of this crime. In terms of harm results, analysis the risk if this crime should bepunished. Causal relationship, it is suggested that for a causal relationship between saidcannot prove that there is a causal relationship between environmental pollution or damage results, prove by epidemiology causality method to supplement; On the subject of the crime,can of state organs as controversial crime subject of crime, the author thinks the paper stateorgans not as crime the main body of this crime. Subjective aspect, through said to negligence,intentional and double sin discussion, decided that the subjective fault form of this crime is aindirect intent.The third part from the two aspects of theory and judicial practice, the essay discussesthe concrete determination problem of environmental pollution crime. First of all, from theperspective of criminal constitutive requirements of crime of environmental pollution and putin the dangerous material, dangerous goods accident, and strains of infectious diseases,poisonous species of diffusion through the contrast analysis of the theoretical aspects of thiscrime and other charges shall be defined. Secondly, combining with specific cases in judicialpractice, to further clarify the boundaries between them, and points out problems that shouldbe paid attention to apply this crime in judicial practice.The fourth part is the improvement of the environmental pollution crime. Puts forwardsome suggestions to perfect the existing environment of our country criminal law system: Oneis discussed in the specific provisions of criminal law to set up the environment crime;Second, through draw lessons from foreign legislative cases, to refine environmental pollutioncrime. Try to make our country criminal law in dealing with environmental crime is moretargeted. In terms of punishment, points out the deficiency in the existing penalty regulations,environmental pollution is difficult to adapt to the requirement of crack down on the crime ofenvironment, should perfect the punishments and increase the intensity of punishment,improve the environmental crime deterrent, implementation to crack down on the crime ofenvironmental crime legislation purpose and requirements.