Research On The Crime Of Polluting The Environment

The current situation of environmental pollution in China is grim,and the importance of environmental protection has been deeply rooted in the hearts of the people.The 19 th national congress of the communist party of China proposed to "accelerate the reform of the ecological civilization system and build a beautiful China",which established the important significance of ecological protection to the construction of socialism with Chinese characteristics.Zhang qiu 10·21 "serious environmental pollution cases" and other environmental pollution crimes are shocking for their harm to the environment,challenging the bottom line of the public's tolerance of environmental pollution crimes,reminding the public of the heavy cost of environmental damage,reflecting the country's environmental protection efforts still need to be strengthened,the construction of a beautiful China has a long way to go.Interpretation No.15 [2013] of the supreme people's court,the supreme people's procuratorate about criminal cases to deal with the environmental pollution to explain some issues of applicable law(hereinafter referred to as the "2013 explain")set forth the specific standard of environmental pollution crime cognizance,related cases subsequently increased significantly,three years later interpretation "[2016] No.29,the supreme people's court,the supreme people's procuratorate about criminal cases to deal with the environmental pollution to explain some issues of applicable law(hereinafter referred to as the" explanation ",2016)to punish environmental pollution crime in recent years practice of the interpretation of 2013 on a large scale changes,It has further improved the criminal penalties for the perpetrators of environmental pollution crimes,and a large number of "sky-high fines" have emerged.The governance of environmental pollution crimes has become an important part of the current rule of law.It is worth paying attention to that "crime of environmental pollution" in article 338 of the criminal law still faces many problems that need to be improved.In response to the legal concept of environmental protection and thepractical need of judicial practice,the research on crime of environmental pollution in the theoretical circle of the criminal law and the judicial practice is deepening day by day.This paper focuses on the crime of "environmental pollution" in article 338 of the criminal law:The article includes the following fore parts:Chapter ? :The first part introduces the three protection concepts of legal interests of environmental pollution crimes,including the people-oriented concept,ecological concept and sustainable development concept.Starting from the concept of protection of legal interests,this paper probes into the different theories on the protection of legal interests of environmental pollution crimes in the theoretical circle of criminal law,including: environmental protection management system theory,anthropocentric legal interests theory,environmental rights theory and ecological anthropocentric legal interests theory.This paper analyzes different legal interest protection theories derived from different legal interest protection concepts,and discusses different thoughts of different legal interest theories on environmental protection.Through this part of the discussion for the following exploration is suitable to guide the development of China's environmental pollution crime ideas and theories to lay a theoretical background.Chapter?: The second part advocates to follow xi jinping thought on ecological civilization in the new era as the guidance,advocates to adhere to the principle of giving priority to ecology in the legislation and judicial practice of China's criminal law,sets up independent ecological legal interests in the criminal law,and forms the dual protection structure of legal interests in environmental criminal field together with human legal interests.By combing the legislative context of environmental pollution crime in China,the theoretical basis,legitimacy and necessity of setting up ecological legal interests are analyzed.Chapter ? : In the third part,the author introduces that the scope of the joint offenders of the crime of environmental pollution in the judicature is different,especially whether the general employees of the enterprise should be punished,such as drivers,janitors,front-line sewage workers and other front-line workers have different opinions.In addition,the punishment of unit crime is insufficient,the penalty of freedom is low and the penalty of fine discretion space is large,non-penalty disposal is also relatively single and so on.Chapter?: In the fourth part,based on the problems mentioned in the discussion of the crime of environmental pollution,the author believes that in the legislation of the crime of environmental pollution,the form of double fault should be set up,the dangerous crime of environmental pollution should be set up,the scope of joint criminals should be limited,and the punishment and disposal methods of the crime of environmental pollution should be improved.