The Theory Of Environmental Pollution Crime Legislation Perfect

In present world，environmental protection has become an importantsubject of all countries. In order to maximize the protection of theenvironment, countries use the severest measures to against theenvironmental crimes, it is THE CRIMINAL LAW. Since then, the era ofthe environmental criminal law protection is coming. Through theopportunity of the new criminal law in1997, china added a new section“Destruction of environment and resources protection” in the sixthchapter which named “Breach of social management order crime”, andPull open the prelude of environmental criminal law protection in China.The article338of this law that “major environmental pollution accidentcrime” won the praise of “trump card” for environmental protection. Astime goes on, it was found that the charges can not play the role ofprotecting the environment. On February25,2011, the criminal lawamendment (eight) implemented,"Major environmental pollutionaccident crime" renamed "environmental pollution", lawmakers expandedthe scope of the pollutions, greatly reduces the threshold into this charges.But until now, the pollution of environment is still no improvement,shocking pollution behavior always appear in the media. To this, we haveto reflect the problems of environmental pollution crime which were stillexisted. This paper briefly describes the relevant provisions of the crimeof polluting the environment, and secondly, points out its deficiency andput forward the perfect proposal. This paper includes the following fiveparts.The first part, in order to lay the ground for below discusses itsdisadvantages, we introduce the relevant provisions of the environmentalpollution crime, it includes penal code and judicial interpretation.The second part, it is pointed out that the lack of environmentalpollution crime in legislation mode. One is that the criminal law is not setup a special sections for the environmental crime, so suggest that add a chapter “bad for the environment”, using independent crime patterns, sothat the environmental pollution crime consisted of four parts, they arethe crime of polluted water, the crime of polluted the land, the crime ofatmospheric pollution, the crime of noise pollution.The third part, it is about the perfects of objective aspects ofenvironmental pollution crime. Suggested china’s criminal lawstandardize the causality theory, and to further improve the provisions ofthe scope of the pollutants. In order to advance the time of the criminallaw to protect the environment, and avoid the current result make modelead to a result that the criminal law protection was too sluggish, increasethe penalty for dangerous crimes,The fourth part, about the perfects of subjective aspect of theenvironmental pollution crime. For environmental pollution crimesubjective form is unknown, it is recommended that the legislative intentand negligence two SINS forms are clearly defined.The fifth part, about the environmental pollution crime’s legalpunishment. For our country punishment is too light and the form is toosingle, Suggest appropriate to improve the legal punishment, Add hardpunishment, qualification punishment, In order to realize the optimalprotection for the environment.