The Legislation Perfection Analysis To The Crime Of Environmental Pollution In China

The development is a double-edged sword from beginning to end. Since China’s reform and opening up, the rapid development of social economy have also appeared more severe environmental problems. The environment matters, it relates to our country citizen’s life safety and body health, also relates to the social harmonious stability. And increasingly serious environmental crime problem, has caused great threat to the life of the people of our country, has become one of the big tumor, hinder the sustainable development of the society to crack down on the crime of environmental pollution is imminent. Criminal law as the last barrier of protection of human society and the defence, how to be more comprehensive intervention in field of environmental protection, so as to more effectively combat crime, environmental pollution has become the current theory research is an important subject.Criminal law is to protect the last defense line of human society, crime and punishment is the most direct, the most effective means of court decision is the basic foundation of the criminal punishment, and therefore, makes an empirical analysis on China’s environmental pollution crime judgment for the related questions of environmental pollution crime is of great significance. In recent years, the supreme people’s court and the local people’s courts of provinces and cities, have announced the typical cases of environmental pollution crime, the author choose the selected significant, the decisions of the typical case, a total of 15. These typical case judgment, is hit in the judicial practice of China environmental pollution crime is the most direct reflection, through the typical case of the 15 judgment involved freedom penalty punishment and fine punishment punishment punishment punishment measures, as well as research and analysis on the unit crime punishment, and so on and so forth, found to combat environmental pollution crime in the judicial practice in our country the following five problems:one is freedom penalty punishment is lighter:Second, the fine punishment amount big differences. Three is lack of penalties:Four unit crime punishment is too simple.For more than five problems, and further studies have found that there are specific reasons behind each question, and these reasons also reflects the current our country in the fight against environmental pollution crime defects and deficiencies existing in the process of:one is the environmental pollution crime legal punishment been set unreasonable, is not conducive to the prevention and punishment of environmental pollution by sin; Standard, the second, the fine punishment has not stipulated amount and judicial process with many judges discretion and the influence of social public opinion pressure, large differences in judgment of fine punishment amount, do not conform to the requirements of the judicial unity; Three is the environmental pollution crime penalty system is not perfect in our country, punishment is too single, not with a small and penal punishment measures focused on confiscatory sanctions, unfavorable to fix for the contaminated environment; Four unit crime punishment is too simple, the lack of applicable penalty on unit crime, to a certain extent affect the unit crime punishment.Aiming at these problems, the author advocates perfect from the following several aspects:appropriate improve environmental pollution crime legal punishment, intensify efforts to combat environmental pollution crime from the legislation; Correctly handle the negative influence of social public opinion on the independence of the judicature trial, to restrict the judges’discretion; Rich mitigation, qualification penalty to strengthen the unit crime shall be investigated:Improve the fine punishment punishment measures; Improve the system of penalty auxiliary measures, etc. Through the above Suggestions, hoping to environmental pollution crime of our country’s legislation and judicial practice to provide necessary reference and help to improve the efficiency of crime against polluting the environment, to safeguard people’s life and health security.