Research On The Problems Of Environmental Pollution Crime

In recent years, the level of economic and society development in China has made long-term progress. Along with the improvement of the level of economic, environmental pollution shows a growing trend. In the face of increasingly serious environmental pollution situation, the sins of the major environmental pollution accident has been unable to solve the emerging issues in environmental pollution or to crack down effectively polluting behavior. Therefore, the "Criminal Law Amendment (eight)" modifies and names this crime as environmental pollution crime.Although scholars generally considered that the change of article338lowers incriminate standard of environmental pollution crime, there are still some disputes about its object, objective aspects, subjective aspect and so on, and there are still some confusion about the application in judicial practice. This article will focus on the environmental pollution crime, and discuss controversial issues and problems on the basis of theories and judicial practice and sort out these theories by discussing other points of this crime in order to better guide judicial practice.This article includes an introduction, body and conclusion. The body is divided into three parts.The part1:certain constituent elements of environmental pollution crime. This section is the most important one in this article.The author deeply discuss the three controversial aspects including criminal object, the target of crime, the subjective aspect of this crime. Firstly, in the discussion of the object of the crime, the author mainly analyzed many theorists’ views about the object of crime and further come up the idea that the object of this crime is "ecological security"; while exploring the object of the crime, the author discusses the "other hazardous substances" closely linked to the object of the crime. Then author discusses the problem that whether the "Eucalyptus" and "living garbage" belong to "other harmful substances" or not. Secondly, in the discussion of the objective aspect of the crime, author mainly discusses the judgment standard of "serious pollution of the environment," and raises the judgment standard of it; At the same time, author think that the causation theory should be used in this crime on the basis of summing up the views of theorists and proposes that the crimes should apply the principle of causation presumption. Finally, in the discussion of subjective aspects of this crime, by discussing scholars’relevant perspectives that this crime should apply strict liability theory, author comes up with the view that it should be applicable to the fault of constructive theory of liability; Then, explores the form of the sin of this crime and comes up with the form of the sin is indirect intent by discussing the others perspectives.The part2:the differences between the environmental pollution crime and other similar crimes. On the basis of the first part of the discussion and research, the author puts forward the views about how can we distinguish this crime and the crime of throwing dangerous substance, dangerous goods accident crime, crime of major accidents.The part3:a number of recommendations on improving the criminal liability. By Discussing and analysising these issues, author thinks there are some lacks of environmental pollution, and puts forward the following suggestions for improvement:amend the criminal sentences of free referencing to unauthorized import of solid waste and overall improve the free sentence of the environmental pollution crime; add units qualifications punishment; add non-punitive measures such as remedy in deadline and restore the environment.