A Study On The Legislative Perfection Of The Crime Of Polluting The Environment

Since the eighth amendment to the criminal law,it has had a positive impact on the punishment of environmental pollution.However,according to the relevant data and cases in the implementation plan of the special action plan on combating environmental pollution in Shanxi Province in 2017.It is found that deep pollution,long-term latency and complexity are the characteristics of new environmental pollution.The current crime of environmental pollution cannot meet the requirements of the development of the new era.It can not satisfy the need of "prevention first,protection first".Therefore,it is necessary to combine the new era background and concept and make corresponding improvement to the crime of environmental pollution.Based on the basic theories of the concept,characteristics,legislative evolution and judicial application of pollution environmental crime,this paper finds that the main problems include: First,in the aspect of constitutive elements,the object is vague,the subjective fault is ambiguous,and the state is ambiguous.Second,in terms of punishment,the fine penalty is too simple,the legal freedom is too low,and the penalty type lacks the corresponding non-penalty measures.Third,the statute of limitations for natural persons is too short,and there is no prescription for the limitation of prosecution.In addition,through the study on the related regulations of environmental pollution in foreign countries,the author thinks that the following aspects can provide reference for China’s pollution environmental crime.The first is to distinguish between intentional and negligence in the subjective fault of the constitutive elements,and may have the express provisions of the provisions of the law.Secondly,it is necessary to increase the provision of additional dangerous crimes in the aspect of constitutive requirements.Third,in terms of punishment,the economic benefits will be taken as a consideration of the penalty,and the penalty measures such as confiscation of products and tools shall be added.Based on the above mentioned above,the author believes that the proposed legislation of pollution environmental crime should be carried out in the following aspects:Firstly,in the aspect of objects,the concept of "ecological centralism" is followed,and environmental interest is the main object of the crime of environmental pollution.Both willfulness and negligence are included in the subjective aspect of pollution environmental crime;In the case of the state of the state,the provisions of the dangerous offence are increased.Secondly,in the aspect of punishment,the introduction of the penalty quota system and the multiple system to solve question;in term of distinguishing negligence and intent,it is better to embody the principle of the consistency of the crime.To increase the qualification penalty and improve the supporting measures of non-punishment can more effectively punish the unit to commit the crime of environmental pollution.Thirdly,in the aspect of the limitation of prosecution,the duration of the limitation of prosecution should be extended to deal with the long-term potential and complexity of the crime of environmental pollution.