On The Act Of The Environmental Pollution In The Criminal Law

The offense of environmental pollution is modified from “the crime of serious pollution accident” after the promulgation of the “Criminal Law Amendment Act(eight)”. Extraterritorial criminal law made a regulation through the different legislative models on the environmental pollution behavior. The criminal legislation of the act of the environmental pollution has experienced three stages in China. At present, our country’s criminal law stipulated the environmental pollution behavior with blank facts about a crime that refers to releasing, dumping or disposal of radioactive waste, wastes containing pathogen of contagious diseases and toxic materials or other hazardous substance in violation of state stipulations. The definition of environmental pollution behavior in the criminal law is more narrow than in the etymology. It is based on the concept of the etymology, but also be restricted by it. To study the structure of behavior must have behavior and behavior objects as an entry point. Its behavior is releasing, dumping and disposing, it characterized by economic behavior in the process of production and operation. Its behavior objects are radioactive waste, wastes containing pathogen of contagious diseases, toxic materials and other hazardous substance. “Hazardous substance” refers to a material have some kind of poison function, can constitute a threat to human health and environment. It refers to the special material which is difficult to control and eradicate. It including hazardous waste, etc. The defined standards for the objects of environmental pollution behavior must be strictly limited by environment law, and can’t make extensive interpretation of the scope of behavior objects. The boundary between the act of the environmental pollution and the behavior of putting in the dangerous material is that the former on the premise of disobey the social management order, and the latter is for the purpose of endangering public security. Although there are some intersection between the act of the environmental pollution and the behavior of dangerous goods accident on the behavior objects and behaviors, the harmful consequences are also different. When the behavior cause damage to person, money and object, it should be distinguished whether cause environmental accidents or not. If there are some biological, chemical and physical changes of environments, it should be identified as the act of the environmental pollution.