Research On The Legal Issues Of The Crime Of Polluting The Environment

The crime of polluting the environment refers to the environmental pollution problem, which is a violation of the relevant laws and regulations, and the serious environmental pollution. Firstly, the background, significance and current situation of the crime of polluting the environment are studied, and the research direction is determined.In 1997, the criminal law of the People’s Republic of China expressly provides"significant environmental pollution accident crime"; in 2011, "criminal law amendment(eight)" expand the pollution scope, range of pollutants, the scope of the crime, the revised "environmental pollution crime; in 2013, the Supreme People’s court and the Supreme People’s Procuratorate announced interpretation on Several Issues concerning the application of law in the handling of criminal cases of environmental pollution,clearly defined the crime of polluting the environment standard of sentence and the aggravating circumstances. There have been some research on the problem of the legislation of the crime of environmental pollution, but the judicial process has not been highly concerned.Are summarized in this paper the implementation status of the crime of polluting the environment, found that the accusation in the implementation process there are subjective elements is not clear, lack of objective elements, causal relationships difficult card, conviction and sentencing, common crime and other issues, the for these problems were detailed analysis and carding, and combined with the classic case has been concluded, the one proposed solution, including: respectively, to make clear the negligence and intentional offense, from the result of the crime of dangerous crime, to adjust the standard of proof of causality, the principle of diversification, increasing the intensity of punishment, fair and reasonable punishment of joint crime..