The Research On Environmental Pollution Crime

It was not until the promulgation of the Criminal Law Amendment(eight)in 2011 that the provisions of environmental crime had made greater progress than before.The emergence of the crime of polluting the environment reduces the crime condition of environmental crime,and demonstrates the determination of our country to punished the crime of polluting the environment.However,the controversy over the constitutive elements of environmental crime in the criminal law theorists has made it difficult for the judge to deal with the environmental pollution cases.Therefore,it is of great significance to analyze the constitutive elements of the crime of environmental pollution and find out the deficiencies and propose corresponding measures.The article frame is composed of four parts,and the intention is to interpret and analyze the crime of polluting environment through four parts.The first part is the summary of the crime of polluting the environment.The first is to explore the development of China's environmental criminal law,analysis of the various periods on environmental crime regulations changes.Here mainly take the form from domestic to abroad.The legislation of the crime of polluting environment in foreign countries is sorted out,and its legislative experience is summed up in order to make reference better.Then the legislation evolution of the domestic environmental crime is sorted out,which shows the change course of the crime of polluting the environment.Secondly,the definition of the crime of polluting the environment is analyzed,and the concept of the crime of polluting the environment is listed emphatically.Finally,the author points out the concept of the crime of polluting the environment.The second part is to organize and analyze the constitutive elements of the crime of environmental pollution.Firstly through analyzing the advantages and defects of various theories,we can conclude that the object of environmental crime is the conclusion of environmental right.From the manifestation of the harm behavior,the determination of the harm result and the concrete causality proof,the detailed elaboration is made;Again is the subject of crime,mainly from the natural persons and units of two parts to elaborate,and then demonstrate whether the state can become the subject of pollution of the environment,and finally is the subjective form of crime pollution,through the enumeration of deliberately said.According to the theory of negligence and mixed offense,it is concluded that the subjective crime of polluting the environment crime is intentional.The third part is the analysis of the difference between the crime of polluting the environment and the non crime as well as the crime of polluting the environment.First of all,analyze the boundary of crime and non crime from the constitutive elements.Secondly,from the comparison of constitutive elements,the crime of polluting the environment and the crime of serious accident,the crime of placing dangerous material and environmental supervision dereliction of duty are distinguished in order to better grasp the cognizance of the crime of polluting the environment.The forth part is about the defects of environmental crime and proposes corresponding measures.First of all,the author analyzes the problems existing in the crime of environmental pollution,mainly from the single nature of the crime,the subjective guilt and the lack of penalty.Then,the following suggestions are put forward as follows: first,the legalization of other polluting environmental behaviors;second,to draw on the strict responsibility;third,perfect the punishment method of the crime of environmental pollution,and promote the construction of the way of non penalty punishment.Through the above suggestions to improve the ability to combat environmental crime,so as to achieve the purpose of protecting the environment.