Environmental Pollution Crime Causality Research

In the 4896 national groundwater quality monitoring points, poor water quality and poor proportion of the total 61.5%; in 161 according to the new standards of air quality monitoring of the city, only 16 city air quality standards, exceed the standard city scale is 90.1%; the average number of haze days was 35.9 days, the most since 1961, the above data are from the Ministry of Environmental Protection announced since the "2014 Chinese Environment Bulletin". Facing the situation of environmental pollution is so bad, the regulations of the criminal law does not seem to play a proper role in the judicial practice, there are a large number of environmental pollution crime and no criminal responsibility situation. The reason is not only affected by policy factors, the causal relationship between the emission behavior and harmful consequences are difficult to identify is the main reason. According to the particularity of the causal relationship between the highly industrialized background and experience for the treatment of other countries dealing with similar cases in the judicial practice, try to use such as epidemiology causality presumption of causation theory is an effective way for the treatment of "regulation" of China's environmental crime rickets ". Based on the analysis of Jin Industry Company pollution accident case, put forward some own opinion on the environment pollution crime causal relationship, providing some enlightenment in order to solve this problem.This text is divided into four parts, about 2 words.The first part is the basic situation of the case. Mainly including the cause of the case, the disagreement and controversy. Through the courts apply the theory of causation presumption in this trial research leads to Jin Industry Company pollution accident in the case of the theme.The second part is the legal analysis of related problems. Mainly around the focus of controversy in this case and theory related problems were analyzed. The relationship between the environment pollution from the causal theory of traditional causal relationship proved difficult, difficult to apply, the four application of the theory of causation presumption of necessity and presumption of causation theory analysis.The third part is the analysis and conclusion of the case, the case is part of the empirical analysis. Combined with the specific circumstances of the case that the case applies the theory of causation presumption, Kam companies constitute the crime of polluting the environment the conclusion.The fourth part is the case study of enlightenment. Mainly through the comprehensive use of the study of this case causality presumption and restrictions.