Study On Criminal Regulations On Water Pollution Crime In China

Water pollution behavior has serious social hazards.Administrative penalties and civil sanctions are not sufficient to curb all kinds of pollution and destruction of water resources.They must be regulated by criminal law.Water pollution crime means that an actor violates the law and conducts a certain behavior,causing the water body to be interfered with by a certain substance,resulting in changes in its chemical,physical,biological or radiological characteristics,affecting the effective use of water,harming human health or damaging it.Ecological environment,causing deterioration of water quality,should be investigated for criminal responsibility.China's "Criminal Law" does not have special provisions for water pollution crimes,and only in Article 338 it stipulates the crime of environmental pollution.Such comprehensive regulations include water pollution crimes,soil pollution crimes,air pollution crimes,etc.,but no clear distinction has been made,making it difficult to apply complex problems in practice when encountering different specific situations and failing to respond effectively.The water pollution crimes in the society are becoming more and more novel,activities are becoming more and more frequent,and the situation is becoming more and more complex.Under the current trend of more refined fines in criminal law,it is necessary to separate the crimes of environmental pollution and specify special provisions for special crimes of water pollution.In view of this,this paper analyzes the current situation of the criminal law system in China's water pollution crimes,analyzes the problems in the criminal law legislative model of water pollution crimes,the scope of the criminal law regulation of water pollution crimes,and the criminal punishment structure of water pollution crimes,and puts forward suggestions for improvement.This article is divided into the following five sections:The first part has combed the status quo of the criminal law system of water pollution crimes in China.Compared with general environmental pollution crimes,the characteristics of water pollution crimes are mainly reflected in complex subjects,unclear responsibilities,high incident rates,various forms,and wide coverage and far-reaching harm.According to the different identities of water pollution crimes,the crimes related to water pollution crimes in China's "Criminal Law" can be divided into three categories:the regulation of pollutants,the detection of testers,and the regulation of regulators.Although these crimes have achieved a criminal regulatory system for certain specific water pollution crimes,they are not sufficient to achieve comprehensive and effective regulation of water pollution crimes.The second part discusses the issue of the criminal legislation model of water pollution crimes.The root cause of the shortage of the criminal regulation of water pollution crime in China lies in the criminal legislation model,which is mainly manifested in three aspects:First,the legislative concept is not uniform,there are three legislative concepts of eco-centrism,anthropocentrism,and human ecological co-centrism;second,legislation The style is inconsistent,the criminal code is absolutely dominant,the affiliated criminal law is misplaced,and the single criminal law is missing.Third,the charge is not perfect.The current "Criminal Law" only stipulates the crime of environmental pollution in Article 338,which is too broad and unclear.The third part studies the problem of the scope of regulation of criminal law of water pollution crime.After the "Criminal Law Amendment(8)" stipulates that environmental pollution crimes,although the water pollution crimes are included in the scope of the criminal law,the scope of the criminal law regulation of water pollution crimes is still not clear enough.It is prominently reflected in the four aspects that water pollution crimes are not independent crimes,surface water pollution and groundwater pollution law benefits are not effectively distinguished,lack of dangerous criminal provisions and unreasonable principle of fault.The fourth part analyzes the irrationality of the criminal penalty structure of water pollution.The social harm of water pollution crimes is extremely great.Strict penalty should be provided to achieve the unity of crime,punishment and punishment.The penalties for the crime of environmental pollution stipulated in the "Criminal Law" in China have the problems of a lighter penalty setting,a single penalty range,lack of qualification penalty,and inadequate non-penalty punishment measures,which do not meet the principle of the integration of criminal responsibility and punishment.The fifth part puts forward suggestions for the perfection of the criminal law system of China's water pollution crimes.To perfect the criminal law system of China's water pollution crimes,we must proceed from the following three aspects:First,repair the criminal legislation model of water pollution crimes,including updating the criminal law concept of water pollution crimes,optimizing the legislation of water pollution legislation,and adding related water pollution crimes;To expand the scope of water pollution crimes,including the establishment of separate water pollution crimes,the establishment of dangerous offenders and the implementation of strict responsibilities;Third,to optimize the criminal punishment structure of water pollution crimes,including aggravating the freedom of punishment,improving fines,improving the qualifications,and enriching non-penalties Measures.