Research On The Crime Of Environmental Pollution

With the development of society and economy, the issue of environmental pollution is more and more obvious. Chinese criminal laws on the subject of environmental pollution regulation is incomplete which is not very good for the environment protection. This paper aims to discuss and analyze this subject of the crime of the environmental pollution with the purpose of being good to the environment protection and the development of the economy.As for the environmental pollution crime legislation evolution, the first step is from the Criminal Law published in 1979.1997 is the stage of development as the Criminal Law is revised. In 2011, Criminal Law amendment (eight) is published tht leads to a perfection stage. The environmental pollution crime in the field has experienced a series of change, the name is also changed from major environmental pollution accident crime to environmental pollution crime. this paper analyzes the constitutive requirements of criminal offense of environmental pollution in our country. To be specifically, it points out that the subject of environmental pollution crime includes natural person and unit, and as for the object, there are some theroies, such as a theory of public security, environmental protection theory, theory of environmental right, environmental interests theory and the theory of comprehensive theories. As for the subjective aspect, it exists four theories, including ommission faults, deliberate faults, double faults and strict liability, for the objective aspect, it mainly focuses on whether dangerous crimes is admitted or not. At the same time, this part also discusses about the differences between the environmental pollution crime and the crime of illegal disposal of imported solid wastes, put in the dangerous substances, and dangerous goods accident comparative analysis.It analyzes the shortcoming of China’s current environmental pollution crime, pointing out its determination in the subjective form, dangerous crimes to admit, and many other aspects of the corresponding problems, which cause the job of environmental pollution crime crackdown in China doing not very well.In our opinion, the legislation of environmental pollution crime in China should be improved, the suggestions are primarily made specifically according to the problems mentioned in the fourth part, such as the theory of the object of environmental pollution crime should adopt that of comprehensiveness, the subject should adopt double standards theories, at the same time, potential damages should be admitted in environmental pollution crime, and the construction of the crime should be enhanced.