Study On The Criminal Regulation Of Environmental Pollution Crime

In recent years,with the rapid development of China’s social economy,people’s living standards have been increasing,but people’s environmental awareness is generally weak,resulting in frequent environmental pollution incidents and serious damage to the ecological environment while developing our economy.Although the crime of environmental pollution has been set up in Article 338 of China ’s Criminal Law,and Supreme people’s court and supreme people’s procuratorate have jointly issued two environmental judicial interpretations,which have regulated the behavior of serious environmental pollution,but through judicial practice,The application of the environmental pollution crime shows that there are still many problems in the legislative and judicial aspects of the criminal law system,and these problems determine whether the judge’s conviction and sentencing of the crime are accurate in judicial practice.Therefore,in order to strike the crime correctly and improve the judicial credibility,it is necessary for us to conduct in-depth research on the problems in the criminal laws and regulations on the crime of environmental pollution.To study the problem of criminal laws and regulations on the crime of environmental pollution,first of all,through the introduction of typical cases of environmental pollution crimes,comparative analysis of the judge ’s judgment process,leading to three controversial focus: the form of subjective crime is not clear;there is no unified standard for determining the form of criminal offense;There is no clear amount standard for punishment.Secondly,it briefly expounds on the development process,constituent requirements and the necessity of criminal law and regulations on the crime of environmental pollution.Once again,it specifically analyzes the legislative problems of irrational positioning of the environmental pollution crime system,insufficient guilt setting,and unreasonable punishment setting legislation,as well as the judicial problems of difficult judgment of causality and obvious differences in judgments in different regions.Finally,it puts forward reasonable and perfect suggestions for the problems existing in the criminal laws and regulations on pollution of the environment,including a special chapter on the legislative level to stipulate environmentalcrimes and refine the crimes,clarify that the subjective form of the crime is intentional,and clearly stipulate the form of the crime ’s completed Set up more serious offenses for dangerous offenders,increase the penalty range for free punishment,stipulate fine punishment standards for different criminal subjects of natural persons and units,and increase qualification sentences;increase the use of epidemiological research methods from the judicial level,rational use of causal force standards,Establish a case database of crimes of environmental pollution,with a view to improving the criminal laws and regulations of environmental pollution crimes in our country,to better prevent and combat the crime,and to better protect the environment.