The Research Of Solid Wastes Polluting Environment Crimes

Over the past few years, as China’s solid waste has increased sharply and someunscrupulous businessmen have transfered frequently solid rubbish of other countries toour land in pursuit of interests, the solid waste pollution problem becomes more andmore serious. Because China attaches great importance to solid waste pollution crime，it has set up environmental pollution crime, crime of illegal disposal of imported solidwaste and crime of importing solid waste without permission,which make items ofcriminal legislation more and more specific. However，there are now many problems incriminal legislation about solid waste pollution，such as irrationality of criminalizationstandard among individual crimes， disharmony of criminal pattern and statutorysentence. And it is not able to fully give criminal sanctions by applying traditional faultprinciple to solid waste crime. In addition, the way of criminal punishment is verysingle and etc. The author believes that we should learn from the advanced legislativeexperience of foreign countries to improve China’s legislation about solid wastespollution. In other words, we can set up potential damage offence, learn from strictresponsibility and establish various penalty methods.This paper is divided into six parts: Firstly, it mainly introduces the background,situation, purpose and meaning of solid waste pollution and the innovation of this article.Secondly, it shows legal definition about solid waste pollution in China and abroad, andexplains its lawmaking basis in economics, law and sociology by making an analysis ofbasic concept. Thirdly, it analyzes the composition of solid waste pollution crime andnames of crime concerned. In this part, the author takes its object as a complex objectand think that we should draw lessons from epidemiology causality theory in objectiveaspect. And it insists that the subject should be a natural person not including stateorgans. Because it is hard to find out who is subject to criminal prosecution according tofault principle in subjective aspect, we could draw lessons of strict responsibility.Fourthly, in view of current situation it raises problems which lie in criminal legislation,such as irrationality of criminalization standard among individual crimes，disharmony ofcriminal pattern and statutory sentence. Fifthly, it sums up China’s advantage which canbe learned by others by introducing criminal legislation about solid waste pollution crime at home and oversea. Sixthly，it makes a summary of this text and proposes thatwe should establish potential damage offence, draw from strict duty and formulatemany punishment methods.