Research On Problems And Perfect System Of Environmental Pollution Crime

After the modification of crime made by the amendment No.8,Judicial interpretation in 2013 made clear the most into the standard and aggravate the plot.Aimed at solving the difficulties,the interpretation Environmental regulation of duty has developed a new criterion for the conviction and sentencing of the crime.Lower threshold into sin.In December 2016,The supreme people's court and the supreme people's procuratorate introduce judicial application about to deal with pollution of the environment criminal,Aiming at the new circumstances of the present stage of environmental pollution,increase the pollution to the environment crime crackdown.But the pollution of the environment as a new crime,incomplete legislation facilities,Judicial application is flawed.Based on this,on the basis of the criminal law,from the perspective of the latest judicial interpretation,in the point of view for reference,There are four parts of research and discussion.The first part discuss the background and basis of the research.Summarizes the pollution of the environment crime legislation background,analyzes the content and significance of the latest interpretation in the logical order.There are four classes of logic,include Identification of toxic substances,The standard of sin and aggravating circumstances,discretionary circumstances and imaginative of offenses,scope of application of the new evidences.The second part discuss the Judicature recognized and Penalty,from the perspective of the latest judicial interpretation mainly,introduce The definition of objective and subjective and penalty.The third pare discusses the problems of the crime about the environmental pollution in the judicial application.There are many problems in the judicial practice.as the point of contact in 2015,China's environmental pollution crime investigation report statistics,YanCheng water pollution as a example.Such as difficult case,forms of crime the criminal inappropriate use,difficult distinguish the crime of throwing dangerous substance,the punishment is not strong and so on.The forth part puts forward some improvement suggestions based on the problems of the environmental pollution crime in the judicial application,First control the judicial proceedings,regulate the Judicial identification procedure of environment damage,Reasonable setting of the cause and effect of pollution environmental crimes,Strengthen supervision.Second,Perfect the form of subjective crime.Distinguish between intentional and negligent Introduce the strict responsibility of subjective fault.Third,set up dangerous offenses of the crime of environmental pollution.Fourth,Specification of environmental pollution crime penalty applies.Adopt a diversified punishment method,Intensify the punishment,control the retrial procedure strictly,increase the penalties for crimes committed by units.The intervention of criminal law to the environment crime in advance to advance stage.strengthening judicial protection of ecological environment.