The Problems And Its Measures Of The Crime Of Polluting The Environment In The Judicial Application

The crime of polluting the environment is gradually formed in the understanding and protection of the environment. The survival of mankind cannot leave today’s environment, and especially we are in order to obtain the economic benefits often at the expense of sacrificing the environment, environmental problems and especially problems of environmental crime are more rampant. In order to strictly control the pollution of the environment crime, the criminal law is involved and continuous development.The amendment is more refined through the eight of the criminal law amendment from "the crime of major environmental pollution accident" to "The crime of polluting the environment", because it expanded the scope of application and the detailed provisions, in the end reflected the progress of Protect environment. However, in the practice of every kind of form of environmental crime, this crime and other crime are confused, at the same time environmental pollution crime in progress there are also many disputes and defects, and lag in judicial practice. In order to further Protect the environment and achieve a better home environment, we should perfect the relevant laws and regulations about the crime of polluting the environment constantly and judicial suggestions.This article is divided into four chapters:The first chapter is the introduction, and it mainly introduces the crime of polluting the environment of objective and significance of the research and introduces the research methods.The second chapter gives an overview of the crime of polluting the environment. Starting from the basic legislative background of the crime of polluting the environment, and on the basis of focusing on the environmental pollution crime of low standard, wide application range and the damage characteristics of the larger analysis, reflect the necessity of researching the crime.The third chapter discusses the problems of the crime about the environmental pollution in the judicial application. There are many problems In the judicial practice. Such as difficult case, forms of crime, the criminal inappropriate use, difficult distinguish the crime of throwing dangerous substance, the punishment is not strong and so on.The fourth chapter puts forward some improvement suggestions based on the problems of the environmental pollution crime in the judicial application. In order to increase the punishment of the crime of polluting the environment and achieve the purpose of the importance of environmental protection, the study put forward suggestions according to the problems. It includes the strict control of the judicial process, clear crime form, characterized as dangerous crimes, the establishment of case guidance system, increasing the punishment and the way of making the criminal law and the protection of the environment in advance. In the end these suggestions prevent the occurrence of the crime of polluting the environment.