Study On The Standardization Of The Crime Of Environmental Pollution

With the development of our country’s economy, the environmental problem has become a topic of general concern, and the environmental crime also has the characteristic of frequent occurrence. As an important type of environmental crime, the crime of environmental crime is a difficult problem in theory field and judicial practice. According to the sentencing rules of the sentencing guidelines, basic principles and common crime, environmental pollution crime sentencing standardization should be specific sentencing benchmark was determined under the guidance, clear sentencing circumstances to determine declared punishment in order to meet the need of reality in the referee. By "determine the environmental pollution crime sentencing benchmark regulation of environmental pollution crime benchmark punishment-declaration of environmental pollution crime" as a clue, to show the process of the environmental pollution crime sentencing judge, puts forward the assumption of environmental pollution crime specific sentencing and sentencing.The thesis is divided into six parts, the first part is environmental pollution crime sentencing standardization overview. This part briefly introduced the background of environmental pollution crime sentencing standardization research, environmental pollution crime sentencing standardization connotation and the significance of the research.The second part mainly describes the current situation of the standardization of the crime of environmental pollution in our country. Firstly, this paper introduces the legislative situation of our country environmental pollution crime sentencing, mainly composed of general provisions of criminal law and the penal code and judicial interpretation. Secondly, on the basis of the analysis of the 200 judgments, it is concluded that the sentencing standardization of the crime of environmental pollution in China has the status of the uncertainty of the sentencing benchmark, the single plot adjustment and the declaration of the lighter punishment.The third part mainly discusses how to choose the method of sentencing on the basis of the current situation of the standardization of the crime of environmental pollution in our country. On the sentencing method mainly includes amount of traditional criminal law, computer criminal law, mathematical quantity of criminal law, reference point of criminal law to, format of the criminal law and amendment to the sentencing methods, due to the environmental pollution crime sentencing plot diversity and regional differences larger reason, mining single sentencing methods can not solve the sentencing basic problems. In order to enhance the environmental pollution crime sentencing of operability, sentencing method stipulated in the characteristics of the combination of environmental pollution crime plot and the sentencing guidelines of 15 kinds of common crime is taken, eventually in the sentencing method selection take benchmark sentencing method mainly, the ratio of measurement of penalty method, supplemented by other sentencing methods modified synthesis method.The fourth part is on the basis of the determination of the sentencing method to determine the issue of the crime of environmental pollution. Since the conception of the basic criterion for sentencing in German and Japanese criminal law, so this part first introduced the German and Japanese criminal law about the basic criterion for sentencing in the understanding, then introduces the general theory of our country about the basic criterion for sentencing understanding which ultimately determine the narrow concept of basic criterion for sentencing. Finally, on the basis of the concept of the narrow sentencing standards, through the determination of the crime of the crime of environmental pollution, the determination of the legal punishment of the crime of environmental pollution.The fifth part is the adjustment of the basic punishment of the crime of environmental pollution. It is only the first step to determine the standard of the crime of polluting environment, and it is necessary to regulate the sentencing benchmark against the case. The basic fact that reflects the social harmfulness in the concrete case is the factual basis of the case of the crime of environmental crime. In terms of the crime of environmental pollution, according to the judicial interpretation to determine the number of other crimes in the case of other crimes, the number of pollution, sewage, property damage and personal injury, etc.. Determine the crime of polluting the environment of benchmark punishment is only the second step, ultimately determine the amount of punishment but also by the circumstances of sentencing, and many other factors limit, in the reality of judicial practice, the main sentencing is the plot and the plot of the accomplice of statutory sentencing plot to surrender, in front of the discretionary circumstances of sentencing in criminal performance and attitude toward admission of guilt.The sixth part is the declaration of the crime of environmental pollution. After the environmental pollution crime sentencing benchmark to determine the environmental pollution crime of benchmark punishment regulation, under normal circumstances can be directly drawn declared punishment, but in the judicial practice declared punishment determined by the influence of right of discretion of judges and environmental criminal policy. Therefore, it is necessary to judge the fixed penalty and comprehensive consideration and ultimately determine the environmental pollution crime announcement punishment.