Study On The Improvement Of The Environmental Pollution Crime In China

Crime of Polluting Environment is one of the important environmental criminal system in our country. Since "major environmental pollution accident crime" of the "criminal law amendment(eight)" was changed to "environmental pollution crime",the pollution of sin is no longer considered to be a certain type of crime, but specifically refers to a specific crime of destroy the environment and resources protection. The revised amendment, has been a major shift in the concept of the legislation, it can be said that the development of a major breakthrough in environmental criminal law. But after a little modification problems still exist,whether in the legislative or judicial application level of this crime, can be said to have not reached the expected revision purposes. This article aims to explore how to improve the legislation of the crime of polluting environment, combined with the legislative experience of some countries and regions to improve it.This paper uses the combining method of the theory of environmental law and environmental criminal law, to study the environmental pollution crime. First elaborated the concept of environmental crime and environmental pollution crime and characteristics, and introduced the legislative history of the environmental pollution crime,Through using theoretical knowledge of environmental ethics and jurisprudence,analyses the importance of environmental pollution legal benefits and the legislation idea. Based on the above theoretical guidance, discuss on the issue of environmental pollution crime legislation on charges system, crime constitution and the penalty system and other aspects in depth. And pointed out that charges set unreasonable,subjective form of sin is not clear, the lack of Perilous, Penalty imperfect and defects and deficiencies in other areas.Then it is pointed out that these legislative deficiencies at the same time,the relevant legislation in some countries and regions were compared targeted introduction and summary of their experience. This paper focuses on environmental pollution and suggestions to improve our crime legislation,For this crime problems that exist in legislation, in drawing legislative experience on the major countries and regions,on the basis of China’s latest relevant regulations and environmental pollution crime, put forward a number of specific perfection of measure. Offer a proposal on adding environment chapter and perilous crime,specifically in the form of sin, improving criminal fines in the meantime, I hope thatit’s helpful to further improvement of environmental pollution crime in our country, in order to punish and combat environmental crime, to achieve the purpose of protecting the environment.