Penalty Application Research On The Statistical Analysis Of Environmental Pollution Crime

Before the establishment of polluting environment crime,"China’s environmentalpollution crimes jurisprudence in criminal justice is extremely rare, in the vast majority ofthe district court it showed ’zero judgment’ phenomenon." On the one hand majorenvironmental pollution accident crime shows "highbrow" and on the other hand it showsthat our crime criminal means against environmental pollution, and on the protection oflegal environment interests, are inadequate. Since May1,2011.the enactment of the"Criminal Law Amendment (eight)" which is the revise of sin conditions on majorenvironmental pollution accident crime, set up the crime of polluting environment. Thisamendment made it possible the solving of environment pollution.Since June19,2013,"The supreme people’s court and supreme people’s procuratorate’s interpretation onlaw applicable to Environmental Criminal Cases " was implemented. The "interpretation"clearly stated the incriminate standard of environmental pollution of sin. Since theenactment of "interpretation", the emergence of a large number of precedents aroundenvironmental pollution offense, a large number of precedents around environmentalpollution offense emerged.This phenomenon indicates that the criminal law has becomefully means to solve the problem of pollution of the environment, and the criminal law onthe control of environment pollution has taken a solid first step. But the performance andeffectiveness in the application of this offense need be assessed, unclear part cleared,contradiction rationalized, gaps filled.The author believes that situations on the penaltiesapplicable can better reflect the above points. So environmental pollution crime is studiedwith statistical research.Based on the above objectives and research ideas, This paper uses statistics to analyze the free sentence in the case of environment crime, probation system, criminal fines andother applicable specific performance, judged according to the circumstances,the penaltyfor crimes committed by units.The above statistics reflect the following main features: a substantial increase in thenumber of incriminating environmental pollution sin, freedom punishment to three years inprison based, probation and ban industry Punishment lower proportion, fine penaltyamount more concentrated, fine penalty applicable and the application of the generalfreedom of punishment overall pretty but not entirely Symmetric, Inappropriate refereeperpetrators of criminal fines based on the plot of the existence of illegal profit situationfind,person directly responsible fine far lower than unit fine on the cases of both the privateand unite responsible for the sentenced fine.the resulting pollution of the environment benefits through confiscation of illegalincome system to solve,Three recommendations are proposed about the improvement of sentencing:aviolation of waste, wastewater registration system, behavioral treatment registration systemshould be used as sentencing.Second, increasing the proportion of non-custodial sentenceapplies,with more appropriate, the minimum burden on society ways to achievesignificance penalty, while avoiding weakening of the offender’s criminal penalties.Third,confiscation of illegal income should be conducted as to the benefits obtainedfrom environment pollution, rather than through a fine penalty sentencing.