Research On Problems Of Environmental Pollution Crime

After the modification of crime made by the amendment No.8, environmentalpollution crime has established a specification and guidance for the judicialapplication based on the latest judicial interpretation. Aimed at solving the difficulties,the interpretation has developed a new criterion for the conviction and sentencing ofthe crime. Among which were a qualitative change of the law as well as a quantitativechange of sentencing criterion. But as a new-born crime, environmental pollutioncrime’s legislation and judicial application is far from complete and perfect. Based onthis situation, this crime has occurred several worth exploring problems both in theoryand in practice, especially the problems of accomplished form and the subjective fault.Therefore, I analyze and evaluate the nature of those problems with a perspective ofreality, expecting to make a better judicial response; Meanwhile, I propose animagination and a suggestion with a perspective of the law ought-to-be, aiming tomake the legislation much perfect.To be specific, the thesis is based on criminal law, and it is also in the point viewof the latest interpretation and different scholars. There are four parts of research and discussion:The first part discuss the background and basis of the research. It emphaticallysummarizes the legalization process of environmental pollution crime, and set acontext for the following discussion. According to the time order, the first chapter,which is about the formation and improvement of the crime, is divided into fourstages in the first quarter. And the second chapter briefly analyzes the content andsignificance of the latest interpretation in the logical order. The greatest advantage ofthe interpretation is to set the standard of behavioral offence.The core of the research is the second part, which mainly discusses the history,present, and future of accomplishment of environmental pollution crime. In the firstchapter, I review and criticize the accomplishment of this crime, and claim thatconsequential offence is not good for the environmental protection and criminalprevention. In the second chapter, I expound that the judicial interpretation has set theaccomplishment of the current crime, and it is meaningful to combine behavioraloffence with consequential offence. Then, I demonstrate the necessity and feasibilityof potential damage offence in the crime. The research also presents the specificsuggestions for the legislation and justice practice.The third part is a return of the thesis from objective to subjective, it focuses onthe definition of the subjective sin of environmental pollution crime. In the firstchapter, I claim that the subjective sin of the crime should include both intentional andnegligent after I ran a comparative analysis between each opinions of scholars; In thesecond chapter, I introduce the strict liability principle, and propose the moderateintroducing and restriction methods of it under the premise of demonstrating thenecessity of introduction.The most practical part of thesis is the last part, which mainly analyzes thepotential problems and solutions during the judicial application of environmentalpollution crime. In the first chapter, I discuss the flaw of the current causality theory,and propose to choose and apply the epidemiology causality and the causalitypresumption principle; In the second chapter, I analyze and compare the standards toincriminate actors between two interpretations in the form of table; In the third chapter, I look into real cases and local regulations, then propose a suggestion toapply the law and interpretation from angles of unit crime and joint crime.