The Components Of The Theory Of Environmental Pollution Crime

In recent years,our country economy level of development has made a long-term progress.With the increase of economic development level,the environmental pollution around the events emerge in endlessly,the environment pollution showing a growing trend.Facing the increasingly serious environmental pollution situation,major environmental pollution accident crime has been unable to cope with new problems in the environmental pollution,unable to effectively combat pollution of the environment.So the criminal law amendment(eight)"has made changes to its,finally establish the charges for the environmental pollution crime.Although the academic circles is generally believed that the modified to reduce the environmental pollution crime in article 338 of the threshold into sin,but in theory about the object of this crime,subjective aspect,causal relationships and other issues still exist many disputes,applicable to the crime in the judicial practice there are also more suspicious opinions.This article is divided into the introduction and five chapters: the introduction briefly describes the history and background of the research on environmental pollution,rely on the administrative law can't solve the problem of environmental pollution.Our country the study of environmental pollution and has made certain progress than in the past but there are still insufficient.The first chapter mainly brief review the legislative process of relevant environmental crime in our country,points out that the environmental pollution crime is established on the basis of the major environmental pollution accident crime,environmental legislation in China compared to the past,had certain progress.But can the establishment of environmental pollution crime is not perfect to solve environmental problems encountered in our country at present.Then introduces the concept and characteristics of environmental pollution crime.The second chapter mainly analyzes the constitutive requirements of environmental crime.After the environmental pollution crime in our country,there are still some defects.Has analyzed our country environmental pollution crime object,causality and subjective fault form and a series of problems and put forward its own views.The third chapter focus on the cognizance of crime,environmental pollution and thedifference between this crime and those crimes.The fourth chapter about environmental pollution crime legislation defects,and defects in legislative model and other defects in the legislation such as the provision of the danger of environmental pollution of crime.Fifth chapter legislative Suggestions to perfect the environmental pollution crime,such as moderate increase legal punishment,regulations for dangerous environmental pollution of crime.