Research On The Criminal Regulation Of Water Pollution In China

At the same time Science and technology to bring rapid development of society, but also to bring the Earth’s resources, especially the increasingly serious water pollution problems. Ours is a very large population and scarce water resources and countries with a growing population and economy, China’s intensified water pollution has become a factor restricting the sustainable development of the national economy and society, criminal law as a last line of defense for environmental protection, water pollution control and prevention of crime prominent role. However, due to the late start of environmental criminal law, punishment of water pollution in the Criminal legislative and judicial, there are many shortcomings, to a certain extent hindered the play function of criminal law, it is necessary to further improve, in order to strengthen the criminal law against water pollution crime, efforts to protect the water environment.From 1997 to 2011, the Criminal Code of the Criminal Law Amendment (h) and then in 2013 the "Supreme People’s Court, Supreme People’s Procurator ate on environmental criminal case law applicable to a number of issues of interpretation" of criminal legislation on water pollution and crime justice continue to develop and progress. However, compared with the world’s advanced countries in environmental criminal law, there are still many deficiencies, The main contents include:Water pollution has not established a separate crime, Single type of penalty, Pollution crime causation standard of proof and the burden of proof in criminal proceedings lack of legislation, Specifically suitable for heavy penalties on freedom gold criminal penalties, Methods of non-penalty punishment less. All these need further correction and improvement.Civil law and common law countries have experienced major water pollution criminal legislative and judicial. They respected strict water pollution criminal legislation, Water pollution crime punishment measures and light weight property punishment Freedom Penalty, and through the use of non-penalty Punishment actively repairing environmental damage caused by the polluter. Through detailed study of these countries crime criminal regulation of water pollution, No shortage of features and technical experience in legislation, the legislative content, and other aspects of the judicial application worthy of our study and leam.By analyzing the problems of the legislative and judicial status of water pollution criminal, combined with the actual situation in China, we should strengthen the criminal law to improve water pollution control from the following aspects. In the criminal legislation:Technically legislation to deal with water pollution alone into the criminal punishment, And set the appropriate penalty based on the principle of suiting punishment to crime; Legislation should be complemented on the type of water pollution criminal penalties, prohibiting the addition of a certain period in a particular occupation or business qualifications Qualification Penalty; Criminal procedure legislation to the innovative use of water pollution crime causation proof, such as epidemiological proof, indirect reduction ad absurd-um, For China’s water pollution problems provide proof of causation of crime solving path. In judicial practice areas:Should be introduced to the normative sentencing opinion on water pollution crime conviction and sentencing, According to the principles of criminal culpability to adapt and criminal policy of combining punishment with leniency referee unified scale, standardized penalties applicable; Should increase the use of non-penalty punishment methods of punishment mechanism, Minor offenders adopt illiberal measures of criminal penalties for the crime plot, In restorative justice as a way to make the main content of the referee, And strengthen the role of criminal fines, make up less than pure free sentence apply.