The Cognizance Of The Environmental Pollution Crime Objective Important Document

The rapid development of our country economy lead to pollution of the environment problem is increasingly highlighted, In recent years, air pollution, water pollution has seriously affected the production and living of people. How on the premise of not restricting economic development is particularly important for environmental pollution prevention and governance, It also makes the environment legislative work must be perfect and practical operability.Although in 1997 of "criminal law" stipulated in "the crime of destruction of environment and resources", but the proportion of the punishment for such crime in the judicial practice continues to weaken, The author thinks that the main reason is that the provisions of the law is too generalized, lack of practical standards.2011 of the criminal law amendment (eight), one of the results of this modification is to "significant environmental pollution accident crime" instead of "environmental pollution", The supreme people’s court and the supreme people’s procuratorate at the same time in order to better the provisions shall be applicable, Has issued a "about to handle criminal cases of environmental pollution explain some issues of applicable law (hereinafter referred to as the" explanation"), "Explain" in clear about some rules of convicted standards of environmental pollution in the standard. Despite such as laws and judicial interpretations are not addressed some defects such as the application of the principle of presumption of causation, But to some extent proved to environmental legislation in our country is gradually perfect process.This article will from four aspects on the objective requirement of environmental pollution crime, First of all, which demonstrates the process of legislation of environmental crime in our country, environmental pollution crime concept and the problems existing in the judicial practice; Secondly discusses the flaws of the environmental pollution crime objective elements, including how to implement to discharge or dump and treatment of qualitative behavior, how to define the scope of "hazardous substances", determining pollution behavior and criminal law on the causal relationship between pollution consequences are; Discusses the environment of Germany, Japan, Russia three kingdoms again decide how to pollute the environment crime in the criminal system of objective elements; The superficial discusses our country should be how to more effectively improve the environmental pollution crime objective elements identified weaknesses in; Mainly includes to discharge or dump, proper disposal behavior extended explanation, refined, harmful material law, carrying out the presumption of causality theory as the method determining causal relationship exists or not in the environment crime. Direct regulation at the same time environmental law benefit belongs to the protection of the environmental pollution crime object, the above problems is the most important thing in solving a cause-and-effect relationship between behavior and pollution results. The author hope that through this article about the cognizance of the environmental pollution crime objective constitutive requirements more detailed analysis can help to China’s environmental crime legislation, to build suitable for the situation of our country to crack down on the crime of environment system.