Environmental Pollution Crime Constitutions Research In China

Environmental pollution crime refers to a violation of state regulations, to discharge or dump or disposal of radioactive waste, waste containing pathogen of infectious diseases, toxic substances or other harmful substances, serious environmental pollution, in accordance with the law shall be subject to criminal punishment. "Criminal law amendment(eight)" amend the significant environmental pollution accident crime to pollute the environment crime, undertook to pollute the environment behavior strictly punish spirit, greatly reduces the threshold into sin. Although the appropriate punishment to protect the environment has obtained certain result, but environmental situation has not yet been effectively curbed. Therefore, we need to review and study environmental pollution crime is very necessary, especially in the academic circles on the environmental pollution crime constitutions controversial question carries on the discussion and research, to better solve the problem of the judicial cognizance of this crime and punishment. This article from three parts to the environmental pollution crime are studied and discussed.The first part of an overview of environmental pollution crime. First, the paper introduces the evolution of our country environment criminal activity legislation, especially focused on the development of environmental pollution crime. Second, briefly expounds the concept of environmental pollution crime, and the characteristic to carry on the elaboration, thought that this crime have administrative subordination, the loss of irreversibility, latent harmful consequences.The second to five parts mainly elaborated our country environmental pollution crime crime constitution. This article emphatically from the criminal object, objective aspect, crime subject, subjective aspect the controversial problems, first of all, this paper holds that the object of environmental pollution crime should be of a complex object, the infringement is the national environmental resources protection management system, environmental right related to the environment and the personal rights and property rights. Secondly, based on the research and analysis on the level of criminal object, pointed out that the charges to cover too broad environmental elements, puts forward Suggestions for the detailed charges; Combined with the judicial interpretation and the relevant criminal law principle fully demonstrate environmental pollution crime type of crime is committed as a result, rather than the behavioral offence, and points out that the need to add dangerous crimes as a supplement. And further demonstrating causality presumption principle in environmental pollution crime for the rationality and feasibility. Again, this crime includes not only a natural person crime subject, also includes legally independent property alone to bear the responsibility of a natural person. Finally, this paper holds that the subjective aspect of environmental pollution crime is still the faults, and points out that "intentionally" cons of "double fault". Denied that strict liability applies in this crime. Pointed out that the current legislation of environmental pollution crime form of subjective fault is not comprehensive, need to add the corresponding intentional crime.