Legislative Defects And Perfection Of The Crime Of Environmental Pollution

Since the middle of the 20 th century,pollution of the environment problem gradually developed into a global problem,International Conference on the environment continue to enter the people's vision,and gradually become a topic of concern,such as the United Nations Conference on the human environment,the United Nations Conference on the environment,the World Conference on environmental protection,world climate conference.Serious environmental problems that hinder the human sustainable existence and sustainable development,in order to protect the environment for human survival,in various countries and regions are in different ways to find way to solve environmental problems,throughout the many ways,or meeting,or joint venture,or a file,these seemingly problem solving approach for a variety of reasons tend to be on the shelf.Ultimately,only the use of legal means to protect the environment is the most feasible way.At present,the written law especially through the criminal regulation of environmental problems is a common practice around the world to solve environmental problems,in our country,in view of the national conditions of our country,to use legal means to protect the environment is relatively late,the environmental criminal legislation is basically from the beginning of twentieth Century seventy years,which was released by the central small some policies and laws to deal with the problem of environmental pollution,the criminal code until 1997 China's first true sense of the issue in dealing with the behavior of pollution of the environment criminal legislation is a substantive breakthrough,in 1997 the criminal law provisions of special section of environmental crime in the criminal law,the sixth chapter in the crime of disrupting the order of social administration the fifth section specially set up a section of environmental crime.This paper discusses the environmental pollution crime had not the charges,originally known as the crime of major environmental pollution accident,"criminal law amendment(eight)" Article 46 revision for the charges and constitution of occurred some changes,reflects the environmental criminal legislation of our country is the reference and continuous research gradually on the right track and continue to improve,but the crime legislation problems are still many,mainly in the subjective aspect is not clear,legislation idea is backward,and penalty provisions unreasonable and the principles of penalty single.To solve environmental problems through legal channels,must be with legal basis,legislation should go ahead of the rest,however,legislative defects is source of statute law is the root of all evil.As far as China's environmental situation is concerned,the pollution of environmental crime legislation to improve the demand is rising.Since the "criminal law amendment(eight)" promulgated in 2011,now has more than five years of time,the pollution of the environment of the application of sin still can not meet the needs of the reality.From the application of the status quo of legislation is due to the flaw can not meet the practical needs of the main reasons,Chinese scholars have on the pollution of the environment crime legislation flaw and perfection made some research,and gradually formed a certain theoretical basis,but is still insufficient and does not implement the to the judicial practice.The to facilitate environmental pollution crime in judicial practice as the starting point and the foothold of the around environment present situation launches the elaboration,points out the defects of legislation of the crime of polluting the environment,learn from the advanced experience of foreign legislation,combined with China's basic national conditions and the principles of criminal law,and ultimately come to the feasible legislative suggestions.This dissertation includes introduction,a total of five parts,the first part: introduction,this part mainly introduces domestic and foreign existing serious environmental pollution phenomenon,serious consequences,shocking,and improve the environmental pollution crime is not straightforward,it is an imperative,has far-reaching practical significance,followed by the introduction of the research methods and innovations.The second part: the concept and characteristics of environmental pollution crime and break the grammar of imprisonment,the crime of environmental pollution redefined,the set theory premise;and introduces the characteristics of the crime of polluting the environment,highlighting the environmental pollution crime and other crime.The third part: environmental pollution crime legislation current situation and legislative defects,in the legislative overview part introduced our country environmental pollution crime legislation evolution and value,in the evolution of statements the origin of China's environmental pollution crime,it pointed out that the different stages of the legislative embodiment of legislative value mainly introduces environmental pollution crime of practical significance;focuses on the legislative defects of the crime,including subjective aspect is not clear,legislation idea is backward,and penalty provisions unreasonable,single punishment principle and,after the paper illustrated how to improve and make a foreshadowing.The fourth part: the legislation of extraterritorial legislation on the crime of polluting the environment study and reference to our country,this part were investigated in continental law countries,countries of Anglo American law system about pollution environmental crime legislation,civil law countries introduced compared with the representative of Germany and Japan and the countries of Anglo American law system introduced in the United Kingdom and the United States,combined with the reality of our country,learn from each other,and discard the bad,to make up for the defects of China's environmental pollution crime legislation for reference,including updating the environmental pollution crime the legislation idea,adhere to the "tempering justice with mercy" under the guidance of the "strict" criminal policy,temporarily does not apply the principle of strict liability.The fifth part: the legislative improvement of the crime of pollution in our country,mainly including the intention into the subjective aspect of the pollution environment,the addition of dangerous crime,increase the scope of the statutory punishment,the addition of qualification penalty,optimize the application of fine penalty.Is put forward in the end the completion of environmental pollution crime revision suggestions,put forward the expectation,or criminal law legislation in later period of modified again can be reflected or be used.