| Environmental pollution crime is one of environmental crimes in China. According to the existing crime system, there are three kinds of environmental pollution crimes:environmental pollution crime, illegal disposal of importing solid waste materials, illegal importation of solid waste materials. The definition of the environmental pollution crime is a person or a unit should be punished by breaking the environmental protection laws, which causes fatal environmental pollution. There are four features of the environmental pollution crimes. Firstly, the insidiousness of adverse effects. Secondly, the inestimable damages, which could be disasters. Thirdly, the political dependency of standards of measurement of punishment. Fourthly, the social tolerance of hazard behaviors. With the increasing adverse damages of the environmental pollution crimes and the various types of forms of committing pollution crimes, the existing criminal environmental laws can not address the entire situation. there are several flaws, such as the deficiency of the crime system, the punishments are too light, the involuntary dangerous crime is not established and the strict liability isn’t introduced. Those flaws cause a large amount of criminal behavior get away from criminal punishment, which can not realize the precautionary purpose. Therefore, in order to improve the protection of environment from criminal law, this article will put forward a series of measures to improve the environmental criminal crimes law system, based on the criminal theories and legislative experience from other countries, including reconstruction of legislation system, introduction of involuntary dangerous crimes, conditional strict liability, improvement of punishment system. |
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