Study On The Application Of Probation Of Environmental Pollution Crime In China

Some of the crimes have been amended in China's Criminal Law Amendment(8),and there are many changes to one crime.That is the crime of environmental pollution.The name before the crime was the crime of environmental accidents.This revision not only changed the crime,but also modified the constituent elements.These changes mean that the country's determination to use criminal law to control environmental issues provides a strong guarantee for combating environmental crimes.But there are also many problems.One of them is the application of probation for environmental pollution.Affected by the concept of international light penalty penalty,in recent years,the “light punishment” of environmental crimes has become more and more popular,and it is advocated that lighter penalties should be applied to environmental crimes,and more restorative measures should be adopted.In the judicial practice,it also responded to the probation of many defendants who pollute environmental crimes,and the application of probation in the crime of environmental pollution is increasingly rampant.The application of probation for pollution of environmental crimes has become a real legal issue that needs urgent consideration.Therefore,in the case that the current legal norms have not clearly defined the application of probation for environmental crimes,this paper intends to combine the value of probation system with the particularity of the crime of polluting the environment,and explore a path that allows the probation system to fully realize its due Value,while at the same time being practical,does not exceed the limits of existing legislation.This paper discusses the application of the probation system for pollution-related environmental crimes in China from four parts.The first part introduces the related theories of environmental pollution crime and probation system.By exploring the legal changes of environmental pollution crimes in China,it describes its legislative process and analyzes the hidden legislative significance behind it.Then it combines the theory of probation system and related legal provisions.Discuss the scope and requirements of probation for the crime of polluting the environment.The second part studies thebehavior patterns of environmental crimes,and considers that it has the characteristics of economics of purpose,difficulty in investigation and evidence collection,and long duration of the case,and introduces the theory of restorative justice.The application of restorative justice measures in criminal cases,the discussion of probation system is of great significance for punishing environmental pollution crimes.The third part uses the empirical analysis method to analyze the cases found in the refereeing documents network and collect other relevant data online,pointing out some problems existing in the current probation of environmental pollution crimes: the probation of probation has a tendency to flood,and the scale of the sentence is different.The value of probation has not been fully reflected,and restorative justice has not been fully realized.Pave the way for the recommendations and countermeasures in the fourth part.The fourth part is the improvement suggestion.Combined with the theoretical research and empirical analysis of the previous part of the article,the following suggestions are made: in the legislation,the judicial interpretation is formulated to regulate the scope and conditions of the probation,and the discretion of the judge is restricted;in judicial practice,It may be considered to increase the hearing procedure for sentenced probation;to increase the penalty and easy service in the penalty;and to increase the obligation of ecological restoration during the probation period.