The Legislation Problems And Perfection Of The Crime Of Pollution

In recent decades,with the acceleration of the industrialization process,industrial and technological advances have led to rapid economic development.But the problem of environmental pollution is still a big problem.Some minor environmental practices can be regulated by civil means and administrative means,but for those serious violations of the environment,civil means and administrative means it is not enough effort.Serious violations of the environment are enough to rise to criminal activity,because it not only damages the human health and life interests of this generation,but also threatens the survival and development of human beings in the future generations,even causing irreversible damage to the environment.In view of this,it is imperative to improve the criminal legislation that pollutes environmental crime.The Eighth Amendment to the Criminal Code modified the article 338 of the Criminal Code.Compared with the crime of major environmental pollution accident,the crime threshold is reduced,the scope of application has been expanded.After that,Supreme People's Court and Supreme People's Procuratorate issued a judicial interpretation in 2013 and 2017.But there is still dispute about the criminal object,criminal subjective aspect and so on.The text of this paper is divided into four parts.The first chapter elaborates the concept and characteristics of the crime of polluting the environment,and elaborated the change of the criminal legislation concept of environmental crime,trying to grasp the crime of polluting the environment as a whole,which leads to the later discussion on the legislation of pollution of the environment.The second chapter puts forward the existing problems in the legislation of polluting the environment in our country.This paper analyzes and discusses the controversy over the academic circles.The third chapter introduces the legislation of foreign environmental crime,so as to draw lessons from it.The fourth chapter in response to the legislative issues raised above,with reference to the experience of foreign legislation,put forward some suggestions on the legislation on pollution of the environment.I hope that through this paper can make more public awareness of environmental protection.Hope to cause the attentions of academic scholars and legislators,and constantly improve the crime of polluting the environment legislation.So that criminal means to punish the practice of pollution of environmental crime to play a greater role.Ultimately achieve the harmonious development of man and nature.