The Legal Application Of The Crime Of Environmental Pollution And The Improvement Of Legislation

With the continuous improvement of social productivity, environmental pollution is becoming more and more serious, in improving the national consciousness of environmental protection and strengthen administrative punishment at the same time,by means of criminal law to strengthen the prevention and control of environmental crime will be particularly important. From the People's Republic of China criminal law amendment (eight) (hereinafter referred to as the "repair" to the latest eight) on the handling of the law applicable to a number of Environmental Criminal Cases Interpretation (hereinafter referred to as the interpretation) promulgated, state of environmental pollution crime punishment gradually strengthened, but in judicial practice there is still a conviction the crime of polluting the environment is difficult,hard evidence of the problem,in Jiangsu province J City, N in two cases,remarkable dilemma of judicial application of the crime of polluting the environment. Even in 2017, the new judicial interpretation of the two cases has a guiding significance, but the focus of controversy in the specific issues still can not be solved perfectly.Therefore, it can be concluded that the crime of polluting the environment generally has the following characteristics: 1. 2 has the concealment and the specialty. 3 the consequences of the crime are long-term and serious. These characteristics of the crime of polluting the environment also affect the conviction and sentencing of the crime of polluting the environment to a certain extent.The focus of controversy in Jiangsu province J City, N city case can be seen,there are the following problems in the judicial practice of the crime of polluting the environment in the process of conviction: 1 the behavior of the implementation of environmental pollution behavior whether the requirements of its subjective malice. 2 cases of neutral waste acid behavior is the disposal or use? 3 the crime of polluting the environment is the result of the crime or act? These problems in practice are also reflected in the theoretical circles 1 on the subjective aspects of the crime of pollution of the environment, the main fault theory, the theory of intentional and compound fault theory of the three. 2 on the objective aspect of the crime of polluting the environment, that is, the meaning of disposal and use, there is not much research in theory, but it can be solved by the method of legal hermeneutics. 3 on the problem of the crime of polluting the environment, there are many theories such as the theory of consequential offense,the theory of behavioral offence,the quasi Abstract dangerous crime theory.In order to solve the practice of environmental pollution crime conviction to hard evidence of the problem, and implement the eight and explain repair to improve the environmental pollution crime crime threshold, increase the legislative purpose of crackdown on crime of polluting the environment, should be the theoretical interpretation of the crime of polluting the environment the subjective aspects of environmental pollution in the crime should be maintained the fuzzy crime point of view,the behavior does not require people with hope, laissez faire or negligence, can avoid the credulous attitude, only act on the serious pollution of the environment is the result of the possibility can be foreseen. In the identification of the objective aspect of the crime of polluting the environment, it is not necessary to strictly distinguish the meaning of disposal and use. In the determination of the crime form of the crime of polluting the environment, we should adhere to the theory of compound pollution, and find that the crime of polluting the environment is the act crime and the dangerous crime, not the result crime and the criminal offense. The cause of the practice of environmental pollution crime in addition to the plight of the environmental pollution crime understanding is wrong, there are still some legislative reasons, mainly including the following aspects 1 no provisions in the determination of the object fuzzy. 2 crimes set too rough. 3 legal punishment is not reasonable. 4 single type of penalty. 5 the operation of fine penalty is not strong. 6 a description is too narrow.In order to alleviate the crime of environmental pollution, it is difficult to obtain evidence, in addition to dealing with the subjective aspects of the crime of pollution of the environment, objective and reasonable interpretation of the crime form, but also in the legislation should be improved. Concrete from the text style and pattern arrangement, legal punishment for crime, a description arrangement of three aspects,make environmental crime independent chapters, take charge mode independently,improve the legal punishment standard, supporting the use of non penalty measures for the perfection of the fine penalty.The natural environment is the survival of our home life, in order to protect our homes, to crack down on environmental crime, make correct understanding and interpretation of the crime of polluting the environment, and further complete the legislative reform, only in this way can we have a harmonious and beautiful living environment.