The Conception Of Classification Regulation Of Environmental Pollution Crime

Development of economic does not only bring benefits,but also bring environmentalpollution that damages tremendously ecology and people ’s lives and health,and property.Theusage of criminal regulation of environmental pollution has become an inevitable choice forthe world.In China,the Penal Code also provides for environmental crime,but with thedeteriorating environmental situation,the performance of existing legislation increasinglypowerless.The reason,of course there does lack of supervision on the economic interests ofpolluters mad chase and administration,but defects of the criminal law itself greatly weakenthe terrorize with military force of environmental crime,causing environmental pollutionpenalties for repeat offenders of crime repeatedly.Therefore,this paper analyzes the legislationto improve the academic program and draws on the basis of their ideas,draws a littleidea,hoping to improve the criminal law to curb the effects of environmental pollution on thebehavior of some benefit.This paper is divided into four parts:The first part,the current situation of environmental pollution and problems of crimelegislation.This section introduces the current situation of environmental pollution and crimelegislation,then for example of environmental violations to Zijin Mining Group’s history andmany listed companies repeatedly environmental law case,analyzes the problems of existinglegislation,such as legal punishment unreasonably,charges system imperfectly, inadequatecriminal law system.The second part,the academic program to improve environmental crime legislation andevaluations of them.Firstly,This section introduces the three academic programs forenvironmental crimes legislation proposed that advocated an increase in periloussettings,using the principle of strict liability offense and taking the discrete model,andexplains their reasons.Secondly,the author evaluates these three academic programs toimprove the legislative assessment.After affirming their efforts certainly criminal,the authorholds that whether it is advocated an increase in Perilous setting strict accountability,oradvocate the use of discrete charges the model has shortcomings at embodied in these threeprograms are not fully consider the different circumstances of each environmentalfeatures,and effective convergence and environmental standards legislation and environmentalmonitoring program legislation.So at the end of this section,the author puts forward the idea of environmental pollution crime classification regulation.The third part,environmental pollution regulatory classification of crime advocate.Thissection discusses the advantages of academic programs where the sound environmentalpollution crime classification regulation compared to that proposition compared with the threecircles,grading regulations can enhance the criminal law to curb the effects of environmentalpollution crime,more in line with criminal culpability principles of criminal law and easy toadapt to judicial action.The fourth part,the design of environmental pollution crime classification regulation ofconception.Firstly,this section describes the behavior of the various environmental pollutionregulation classifying the idea that pollution scenarios based on different characteristics of thevarious types of behavior into a harmful level of environmental pollution,hazardous andnon-hazardous grade level categories,corresponding to the installation of pollutionenvironmental crime,the crime of illegal handling of waste and major environmental pollutionaccident crime.Secondly,according to the classification regulation ideas,the author elaboratesthe specific design of legislative provisions.