The Comprehension And Application Of The Environmental Pollution Crime

The economic has developed rapidly since China’s Reform and Opening-up,however, it also brings more serious social problems at the same time. The lastingand wide range of haze weather as well as the event of groundwater pollutionbecomes a heavy topic hotly-debated across the country once again. The increasinglyserious environmental crime brings a great threat to the lives of our people, andseriously shakes the foundation of the sustainable development of Chinese society.How can the Criminal Law, which is the most severe and the last line of defense forthe protection of human society, get well involved in the area of environmentalprotection and play an important role in the prevention and punishment ofenvironmental crime becomes an important research topic.The environmental pollution crime is one of the major charges of thesuspected environmental crimes, it comes out on the basis of the modifications to thecrime on the major environment pollution accidents. The46th of the amendment ofcriminal law (8) introduced in2011made some modifications to the majorenvironment pollution accidents. Although the modified environmental pollutioncrime changed a lot compared with the major environment pollution accidents, thereare still some deficiencies in the constitution of a crime. In order to deal a heavyblow to the criminal cases of environmental Pollution, Interpretation of the SupremePeople’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of EnvironmentalPollution on June18th,2013degrades the sentencing standards of the environmentalpollution crime, refines and defines the appropriate crimes. It remains to beinvestigated by reality whether the implement of the Interpretation can fully achievethe expected effect and make up for the weakness in the judicial application ofoffense of environmental pollution. Under this background, I believe that it’snecessary to make the environmental crime perfect, especially the criminallegislation of the offense of environmental pollution and set an appropriate locationof the constituent elements of the crime. What’s more, it’s necessary to fullyunderstand,properly define the components of the crime and improve thetheoretical system of crime.Chapter one is a summary of the offense of environmental pollution. Thissection focuses on the revolution, the concept as well as the traits of the criminallegislation on the environmental pollution crime. It briefly states the legislativestatus of the crime in the modern times,among which it states the legislative statusof the crime after the foundation of People’s Republic of China briefly according tothree main periods, and thus leads to the characteristics of the crime which isharmful,progressive, administrative and complex.Chapter two is the statement and analysis on the identification of the objectiveelements in the environmental pollution crime.I believe that we should strictlyfollow the principle of legality and set a limit to the subject of National regulationaccording to the criterion of the provisions of Article96of the Penal Code; in theaspect of identifying the hazardous behaviors, I make some analysis and definitionon the behavior object; in the aspect of identifying the hazardous consequences,onthe basis of the analysis on the standard of serious environmental pollution, Idiscusse the disputes of the perilous criminal relating to the crime and believes thatthe crime does not exist perilous criminal.Chapter three is the statement and analysis on the difficult problems of theenvironmental pollution crime. First of all, I affirms that the crime is deliberate fromthe subjective stand by making dialectical analysis on the dispute between crime subjective intention and negligence of the crime; then rooting knot to whether thedoctrine of liability fixation of this crime can apply to the doctrine of strictliability,Iaffirms that the strict liability should not be applied to the crime andelaborates the reasons for denial on the basis of the analysis on the concept of thestrict liability.In Chapter four, on the analysis of the legislative weaknesses of theenvironmental pollution crime, I put forward some suggestions for them.Althoughthe Interpretation is good for perfecting the criminal law of environmental pollutionand deal a heavy blow to the criminal cases of environmental pollution,it cannotchange the deficiencies in the setting of the environmental pollution crime in essence.There are still some problems as follows: single constitution of crime cannot coverall types of crime, lack for the settings for perilous criminals, just punish theintentional crimes, the punishment types are unitary and the punishments are muchlighter.To solve these problems, I lays stress on strengthening the functions ofpreventing the offense of environmental pollution with the value of keeping abalance between protecting the men’s rights and the environment. Furthermore, onthe basis of comparing the characteristics of the two main law systems, I put forwardsome suggestions for improving the environmental pollution crime in our country inthe aspect of the constitution of a crime and the criminal system.