The Criminal Law On The Crime Of Atmospheric Pollution

Environment, the survival of humans is our home. The atmosphere as part of the environmental factors, is an important supply of human survival. The merits of the atmospheric pollution not only affects the environment as a whole, more decided by the quality of human life. In recent years, the gravity of the atmospheric pollution in our country has already been urgent, needs to run. In early2014, heilongjiang, jilin, liaoning in northeast China much more continuous heavy fog or haze weather, PM2.5data string "table". Atmospheric quality crisis erupted at present in our country, it is China’s extensive economic growth for a long time and the atmosphere of the slothful quality governance, combined with the legal loopholes in atmospheric pollution crime, finally the legacy, in recent years the revenge of nature.Many countries around the world view of the seriousness of the atmospheric pollution, and the regulation to atmospheric pollution crime in criminal law, the purpose is to protect not only the present air pollution crime infringement of legal interests, focused more on the long-term development of the protection of the environment. Crime in practice for ordinary atmospheric pollution in China is mostly by administrative means to adjust, serious atmospheric pollution crime is based on "criminal law" the338th "environmental pollution" charges to regulate this generalization. And atmospheric pollution crime concealment, continuity and other unique characteristics, sum up charges to punish based on its characters. In addition, the "criminal law" the existing regulation punishment measures, for atmospheric pollution crime punishment has obvious simplification. Therefore, this article through to atmospheric pollution crime theory and research at home and abroad, put forward their own shallow some legislative Suggestions about crime in atmospheric pollution, can separate the atmosphere pollution crime in criminal law.This article is divided into four chapters. The first chapter, this paper expounds the present situation of air pollution in our country, mainly introduced the harmfulness of air pollution on human for atmospheric pollution in our country criminal law regulation and its evolution. The second chapter, studies the status quo of atmospheric pollution crime legislation abroad, mainly in the United States, Germany, Japan’s legislative concept and legislative characteristics as the research object. The third chapter, analysis of air pollution in our country criminal legislative lacunae, discussed Chinese scholars on atmospheric pollution crime theory research. The fourth chapter, based on the legislation of foreign air pollution crime and atmospheric pollution crime theory research, put forward the Suggestions of how to regulate atmospheric pollution crime in our country.