Research On The Legislation Of Soil Pollution Crime In China

At present, some food safety problems occur frequently in society, and the serious situation of soil pollution in our country is exposed. Soil pollution has seriously affected China’s economic development and people’s health, hindering the road of sustainable development of our country, which is also a serious violation of the concept of ecological civilization construction. Criminal law, as a vital tool in the war against serious crime, pollution control plays an irreplaceable role, but due to the criminal law of our country of serious soil pollution behavior related regulations are not perfect, resulting in related criminal behavior of soil pollution is not timely and effective containment. And some developed countries in the fifties and sixties of the last century had been aware of the severity of the problem of soil pollution, formulate the relevant criminal legislation, and in the social practice in the continuous modification and improvement, forming a perfect soil pollution penalty system. Such as the United States, Germany, Japan, Russia and other countries is specified independent of soil pollution crime, in some countries, although not set independent of soil pollution crime, but in soil pollution control laws and regulations clearly defined related penalty measures and other measures. China should learn from the experience of other countries in solving soil pollution, and separate the conviction of soil pollution.Soil pollution is refers to with economic and social development, different kinds of pollutants generated in the production process of various human through various ways of physical or chemical reaction into the soil environment, over the soil self purification capacity, the decline in soil quality, changes in the original function,endangering the survival and development of human beings and other living. The first part of this paper, the concept of soil pollution and the boundaries of soil and land,land and resources are necessary to analyze. The second part is the present situation of soil pollution crime legislation, mainly introduced the environmental pollution crime,crime of throwing dangerous substance, negligent crime of throwing dangerous substance, in order to explain China’s current criminal law about soil pollution crimelegislation; the third part is the investigation of soil pollution crime criminal legislation, the author thinks that there are criminal law benefit protection the defect of legislative mode, the lack of current environmental pollution crime conviction and penalty of the shortage and so on; the fourth part is a review of the United States,Japan, Germany, the Russian soil pollution crime legislation; the fifth part gives suggestions on the legislation of soil pollution crime in our country, and put forward some suggestions, mainly to strengthen the protection of criminal law benefit optimization model legislation, the establishment of an independent soil pollution crime, improve the penalty measures with non penalty measures.The focus of the research is separate soil pollution crime was added to the argument, while increasing the potential damage offense, increase the freedom penalty,increasing the confiscation of property provisions, reflecting the protective function of criminal law, give full play to the criminal law in the criminal aspects of soil pollution due punishment. Focusing on the ecological value of the soil as one of the main environment, the ecological protection is selected, and the non penalty measures are introduced to close the penalty system and restore the victim’s legal interests.Criminal law the last line of defense to as soil pollution containment and punish crime is not an end in itself, by comparison, combined with national conditions of our country, to study China’s soil pollution crime, in order to better play the role of criminal law in punishing the crime of soil pollution, better protection of the soil ecological environment. Soil pollution crime legislation consummation, the punishment of the crime of soil pollution laws, to attack the crime of soil pollution,clarify the criminal into crime and criminal responsibility, effective crime prevention plays an important role.