Study On The Judicial Application Of Penalty In Environmental Pollution

Environment pollution crime is a new type of crime,it has both the characteristics of the general crime and its own unique characteristics.Specifically,the main character of environment pollution crime to pollute the main features of environmental crime is related to corruption,the proportion of the unit crime is large,the consequences of the crime is serious,the resilience of the environment.According to the point of view of those experts,who focus on the domestic environmental criminal law,the legal interests are violated by the environment pollution crime,including ecological legal benefits,the order of the legal benefits,and other non-human subject's ecological legal benefits.Among them,the ecological legal interest is the core substance of the crime,and it is also the main object of legal recognition and measurement in the judicial judgment process.The penalty crime is a crime that sentenced by the court,which requires the offender to pay a certain amount of the penalty.The penalty crime is the most widely applied penalty for environment pollution crime.The rationalization of the penalty crime is the organizational basis for the effectiveness of the penalty function.Through the analysis of the existing environment pollution crime in China,we could draw the conclusion that,the unreasonable of penalty system is the major factor that restricts the effective of the penalty function and leads to the over-valuation of the penalty.Important reason.Therefore,the research and the adjustment of the set-up of penalty crime is not only beneficial to fill China's environment pollution crime research blank but also beneficial to the development and improvement of criminal law system.This paper is divided into five parts: the first part is the summary of the basic theory of the penalty crime and the environment pollution crime,to clarify major characteristics of the crime penalty crime and the environment pollution crime;the second part investigated the application of the penalty crime in Zhejiang Province,in order to find out the general application of the crime and the defects emerged;the third part argued that the penalty crime should play a greater role;the fourth part of investigated the specific methods of how to define the penalty crime in environmental crime,mainly from the perspectives of natural person and the unit crime;the fifth part of stated a brief summary and recommendation of the penalty crime.At present,with the economic growth and social development,the environmental pollution has also undergone a corresponding change.The rationalists among the set-upof the environment pollution punishment,in terms of the amount of the fines,the application methods,the application of the object and the implementation of the penalty are becoming more obvious,which seriously affect the overall function of the penalty function,and restrict the effectiveness of applying the environment pollution crime to the new situation.Therefore,the study of the environment pollution penalty can help to leverage the function of the criminal law to protect the environment,to improve the relevant environmental pollution regulation,to assess the pollution of environmental crime accurately,and to increase the punishment of environmental polluters.