The Dissertation Of The Applicable Law And The Complete Legislation Of The Crime Of Environmental Pollution

At present, the rapid growth of the economic level, the sustainable development strategy has become the global strategic consensus, a good ecological environment for the survival and development of mankind. Since the reform and opening up, along with economic, cultural development and living standards continue to improve, the first pollution governance development model led to serious deterioration of the ecological environment, especially in the area of environmental crime, the national court of new cases of pollution caused by the national court in 2014, an increase of 7.9 times. For the realization of the Chinese characteristic socialist all-round development of the Chinese nation and sustainable development, the Seventeenth National Congress of the Communist Party of China for the first time to write "ecological civilization", eighteen lot of ecological civilization construction in a single chapter described into the overall layout of the cause of socialism with Chinese characteristics, one of the five, the better vision of building a "beautiful China". In this context, the harsh fight against pollution and environmental crime is the inevitable choice to build a "beautiful China".Because of the contradiction between the environmental behavior and the sustainable development, the environment can not be used as a non renewable resource, so the law is the embodiment of the national will. Through the "criminal law amendment(eight)" and "the Supreme People's court, the Supreme People's Procuratorate on the application of environmental pollution criminal cases, the application of legal interpretation"(hereinafter referred to as "environmental pollution criminal law"), the major environmental pollution accident crime of pollution, on the one hand to reduce the pollution of environmental crime, the other hand, the pollution of environmental crime is more specific. The implementation of the "environmental pollution criminal law" can achieve the expected effect and improve the legislation of the crime of polluting the environment in judicial practice. According to the current development trend of environmental pollution incidents in China, it is sufficient to show that China's legislation on the crime of polluting the environment, the judicial application of the law is still not perfect. In order to better reflect the criminal law as the national compulsory force, make it better play the role of the punishment of environmental crime, this article on China's current environmental crime legislation and judicial practice, based on our country's judicial practice of pollution in the environment of the problem, put forward judicial countermeasures and legislative suggestions.In addition to the introduction and conclusion, this paper is composed of three parts.The first part is an overview of the crime of polluting the environment. This part mainly expounds the development course, the concept and the characteristics of the crime of polluting the environment, and to deepen the understanding of the legislation of the crime.The second part analyzes the legal application of the crime of polluting the environment in our country. On the crime of polluting the environment, the boundary of the crime of polluting the environment is analyzed, and the problems in the judicial practice, such as the problem of the crime, the crime of environmental pollution, the problem of the crime of environmental pollution, the application of the presumption of causality, the judicial countermeasure and the judicial countermeasure.The third part puts forward the legislative perfection of the crime of polluting the environment. Combined with the second part of the crime of environmental pollution in our country, according to the problems in the legislation, the paper puts forward that the environmental crime is independent of environmental crime, the crime of environmental crime, the crime of environmental crime, the crime of improving the legal punishment, and the improvement of the environmental supervision and dereliction of duty.