Study On The Punishment Dilemma And Outlet Of Pollution Environmental Pollution In China

Since the 18 th National Congress,ecological civilization has been built as an important part of coordinating the overall layout of China’s "five in one." The fight against pollution is a major deployment of the Party Central Committee with Xi Jin ping as the core.The Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of Justice,and the Ministry of Ecological Environment Protection Beijing jointly held a symposium to discuss and give guidance on the current problems of environmental pollution.Under the background of the eradication of pollution control,the judiciary plays an irreplaceable role in promoting the modernization of the environmental governance system.However,in recent years,with the acceleration of the industrialization process,serious environmental pollution problems have followed.It is obviously not enough to rely on the administrative punishment of the environmental protection department to solve the problem.The serious environmental pollution is enough to rise to crime.However,because this crime is complicated in the determination of causality and there are many problems in the application of this crime,many cases are only It is simple to fine with administrative means.The problem of environmental pollution not only involves the interests of the parties,but also the lives of future generations.Since environmental pollution has major social hazards,it is extremely urgent to clarify the difficulties and causes of the crime of environmental pollution in judicial application.In terms of criminal legislation on environmental pollution,earlier in foreign countries,China only added a “significant environmental pollution accident” in the criminal law in 1997.This crime has played a preventive and deterrent effect on environmental crimes to a certain extent,but due to this The sin is too abstract,and the result is higher,the threshold of entry is higher,the application is less,and it is criticized by the majority of scholars.After the amendment of the Criminal Law Amendment(8),the crime is caused by “significant environmental pollution”.The crime of accident was revised to "contamination of environmental pollution." The criteria for conviction have been appropriately relaxed,and the jurisprudence of crimes against environmental pollution in judicial practice has also begun to increase.Later,the Supreme People’s Court and the Supreme People’s Procuratorate issued two "Interpretations on Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases" in 2013 and 2016(hereinafter referred to as the "Interpretation" in 2013 and the "Interpretation" in 2016),but The crime of polluting the environment still exists in judicial practice,and there are disputes about the difficulties in causality,the object of crime,the standard of sin,the form of sin and the punishment of punishment.The main body of this paper can be divided into three parts.The first chapter discusses the legislative evolution of the crime of polluting the environment in China,the social harm of environmental crimes,the legislation of environmental pollution in extraterritorial countries and the enlightenment to China.On the whole,there is a general understanding of the crime of polluting the environment,which leads to the problems in the judicial practice of the crime of polluting the environment in China.The second chapter puts forward the predicament of the crime of polluting the environment in China in the judicial practice.It mainly focuses on the three aspects of the crime of environmental pollution,the determination of causality,judicial conviction and criminal punishment.In the first aspect,the causality determination is difficult to focus on the defects of the traditional causality theory and the causes,and then discusses the two popular causality theories that are currently popular in the crime of polluting the environment.One is the causal cause and effect from Japan.The theory of relation,one is the indirect counterintelligence causal theory originated in Germany,and analyzes the advantages and disadvantages of it,paving the way for the causal relationship of the applicable epidemiology in China.The second aspect is to discuss the legal interests of the crime of polluting the environment,the subjective sin,the conditions of the shackles,and analyze and discuss the disputes arising from the practice circles and the academic circles.In the third aspect,the criminal punishments are mainly from the penalty punishment.The probation is more applicable and the penalties for unit crimes are weaker.The third chapter focuses on the problems existing in the judicial practice proposed in the previous article.With reference to foreign legislative experience,the author puts forward some suggestions for perfecting the crime of environmental pollution in judicial practice.The author hopes that through this article,we can make everyone have a clearer understanding of the crime of environmental pollution,promote the uniformity of the application of environmental pollution crimes,and solve the problems in the judicial application.