Judicial Determination Of The Crime Of Environmental Pollution

Environmental pollution crime is the supreme people's court,the supreme people's procuratorate according to the law of the People's Republic of China criminal law amendment(eight)"the relevant provisions,replace can not cover the content of the law of the original" major environmental pollution accident crime",supplementary provisions of the new charges.Environmental pollution crime deleted the original stipulated in article 338 of criminal law "to the land,water,air";Change the "other"hazardous waste,to other harmful substances;Will "caused great environmental pollution accident,causing serious losses to public or private property or the consequences of life or personal injury",to "serious environmental pollution.In terms of its overall,reduces the environmental pollution crime of criminalizing threshold,in order to reverse the major environmental pollution accident crime continuously the severe pollution of the environment faced by the weakness of crime.However,because it is the replacement of major environmental pollution accident crime,before correction,major environmental pollution accident crime exists some problems that there is no way to undertake unity,combined with the modified legislative defects also exist,so the environmental pollution crime cognizance in the process there are still some needs to be a clear problem,such as the pollution of environment protection by the law of sin and subjective fault in the form of the game between different theories,the cognizance of the crime objective aspect,and accurate grasp of the "of serious environmental pollution",etc.,thus the environmental pollution crime constitutive requirements of the practice of a combination of the research is very important.In this paper,first of all,from the perspective of the two cases,to compare the environmental pollution crime and major environmental pollution accident crime crime constitution,and thus lead to environmental pollution by the controversial focus of sin,a careful study environmental pollution law benefit,subjective fault,the objective aspect of crime,the cognizance of the harm of environmental pollution crime results as well as the environmental pollution crime provisions formulated the serious environment pollution control and positioning,and the sin in polluting the environment on the other problems appeared in the process of judicial cognizance,and then put forward the perfect Suggestions,in order to better solve the problem of environmental pollution crime in our country's judicial cognizance,so as to make the criminal law theory to better guide judicial practice.