Research On The Legislation Improvement Of The Crime Of Polluting The Environment

Recent years,the development level of our country's economy has made great progress.However,environmental pollution is getting serious and there are more and more severe law cases about it.To cope with environmental crimes of new kinds,the 8th criminal law amendment has revised the relevant clauses about significant environmental pollution crime which cannot solve environmental problems in practice.The final established definition of environment pollution has achieved some progress,but it has lowered the standards of crime.However,the author thinks that the objective subjective and criminal deposition aspects of environment pollution crime also have some shortcomings.This paper is going to discuss and summarize among these three aspects' representative problems.And on this basis,the author presents his thoughts and suggestions to make these apply to the practice better.This paper mainly includes three parts: overview,text and conclusion.The overview also includes three parts.The first part is the analysis and suggestions on the objective aspect of environmental pollution crime in the accomplishment of the model and the causal relationship.In the analysis of crime patterns,aiming at “the result offence” and “conduct crime” two accomplished model research,and then analyze the defects of the two which is applicable to the crime of polluting the environment,finally to the suggestion of setting up the potential damage offense.In the study of the causation of the crime of polluting the environment,it is mainly through the analysis of the traditional theory of causality and the experience of the advanced theory of causal relationship in foreign countries.The feasibility and necessity of the theory is further studied,and the theory is applied in the specific application process in order to solve the practical problems.The second part is to discuss the crime form in the subjective aspect of the crime of polluting the environment.In this paper,the author thinks that the subjective fault of the crime of environmental pollution should be intentional,and through the analysis of the shortcomings of the theory of "negligence" and “double sin”,the author makes clear the rationality of the existence of “intentional theory”.On the basis of the “intentional theory”,our country should not be hastily introduced strict liability theory,and should combine with the current situation of our country to carefully consider the environment.The third part is to perfect the criminal offence of environmental pollution disposal.It points out that the deficiency of the existing criminal offence of environmental pollution disposal,and the existing penalty is not enough to deter acts of environmental pollution now,.It should be through additional qualifications and improve the legal punishment and other ways to further improve the criminal disposition,in order to look forward to this crime in the legislative purpose and requirement of preventing and combating environmental crime.