The Determination Of The Nature Of Using The Illegal Traffic And Storage Of The Hazardous Waste To Produce

Though it is rare to mention in the theoretical realm,using the illegal traffic and storage of the hazardous waste to produce often happens in the real life. The determination of the nature about the behavior is one of the difficult issues in the juridical practice. However, to solve the difficulty is based on the definition of the hazardous waste and its boundary of the hazardous martial and the hazardous chemical. In this thesis, the author will propose the judicial standard of how to deal with the behavior of using the illegal traffic and storage of the hazardous waste to produce by giving the specific definition of the behavior and analyzing all existing controversial point of views.The behavior of using the illegal traffic and storage of the hazardous waste to produce is composed of the illegal traffic and storage of the hazardous waste and the activities in production of using the hazardous waste, which is illegal, complex and dangerous. At present, the main views of the nature of the behavior are as follows: the crime of environmental pollution; the crime of illegal transportation and storage of dangerous materials; the crime of illegal business operations; and innocence. Though all the above controversial point of views provide its foundation and reasons, they don`t analyze the behavior systematically, and thus it is hard to determine the nature of the behavior specifically. Only by clarificating the boundary of the hazardous waste,the hazardous martial and the hazardous chemical as well as the definition of the implicated offender and the coincidental offence can we determine the nature of the behavior of using the illegal traffic and storage of the hazardous waste to produce.In this thesis, the author firstly will determine the nature of the illegal traffic and storage of the hazardous waste and the production of using the hazardous waste separately. Secondly, discuss the quantity of crime of the behavior of using the illegal traffic and storage of the hazardous waste to produce to reach the conclusion that this kind of behavior should be determined as the implicated offender and give a severe punishment. Finally, propose the natural of the behavior that the behavior of using the illegal traffic and storage of the hazardous waste to produce should be determined as the crime of illegal transportation and storage of hazardous materials under the circumstances that the hazardous waste transferred and deposited illegally belongs to the hazardous material; the behavior of using the illegal traffic and storage of the hazardous waste to produce should be determined as the crime of environmentalpollution when the hazardous waste is wasted hazardous chemical; the behavior of using the illegal traffic and storage of the hazardous waste to produce should be determined as the crime of illegal transportation and storage of hazardous materials in the condition that the hazardous waste both belongs to hazardous materials and wasted hazardous chemical.