Research On The Legal Issues Of Environmental Pollution Crimes In China

Ecological civilization development is the important strategy of our country,it's also inevitable choice for China to preserve the important position of abundant resources.At present,our country environment situation is not optimistic,especially the frequent environmental pollution events which strongly contrasts with the low applicable rate of environmental pollution crime.To effectively curb polluting environmental crime,giving play to the role of punishing and preventing furthest,it's very necessary to research the problems.The paper will make the environmental pollution crime as the research object,through the case study method,empirical study and comparative research,I put forward the loopholes that exist in the legislation and judicial practice,such as unknown criminal pattern,single standard about causal relationship from the theory perspective and the empirical perspective,then comprehensively analyze the reasons.Finally the paper puts forward optimization of suggestion to response the theory and empirical analysis.Except the conclusion,the paper will be divided into five parts.The first part explores the research background,significance,actuality and methods.Though the comparing between domestic and foreign environmental pollution crime legislation situation,I get there are some deficiencies in legislative philosophy,content and effect of our environmental pollution crime,and then it affects the operation and effect of judicial practice.On the basis of defining the environmental pollution crime,the subjective form and object of the constituent parts are defective,and it need to be consummated.To continue the three deficiencies put forward before,the third part selects the sociology,economics and jurisprudence to demonstrate the legislative philosophy,content and effect,then the paper raises the idea that the public interest theory should guide environmental values,sustainable development theory should guide the legislation content and the principle of responsibility for criminal suit should inspect the legislation effects,so it can achieve social effect,economic effect and legal effect of the unified and harmonious.Through the empirical analysis,combining the application situation of the environmental pollution crime,the fourth part summarizes six concrete problems in the legislative and judicial which need to be solved quickly,namely,crime form,prosecution deadline,judicial interpretation loophole,evidence to carry out,causality judgment and regional discrepancy problem about different judgment,then probes the reasons.The fifth part is optimization of suggestions which corresponds theoretical analysis and empirical analysis.The paper puts forward,first,it should also obey the limiting criminal law principle and equality principle to help achieving the sustainable development and the principle of responsibility for criminal suit.In legislation aspect,it should be clear in the criminal form about intent and negligence,the deadline of prosecution should start from the harm results appeared or found and make the crime omitted into the judicial interpretation.In the judicial practice aspect,it should form the evidence collected union relationship,increase the epidemiology causality judgment standard and establish the case-guidance system.