An Empirical Study On The Penalty Problem Of Environmental Pollution Crime

Since the 18th National Congress of the Communist Party of China,China's thinking on the construction of ecological civilization has been continuously improved.General Secretary Xi Jinping also pointed out that it is necessary to maintain the strategic strength of ecological civilization construction and explore a new path guided by green development.However,due to the unbalanced development model in the past and the improper positioning of crimes against environmental pollution in criminal laws and regulations,the pollution of environmental crimes is still rampant.It is necessary for us to conduct an in-depth study on the current application of penalties for environmental pollution,with a view to solving problems in judicial practice.This paper has compiled and summarized the application of penalties for pollution environmental crimes judgments,and sought to find out the factors that affect the application of penalties for environmental pollution crimes,and to conduct in-depth research on the magnitude of the forces generated by these factors.The empirical analysis found that there is a lighter punishment of sentencing trends of the crime of pollution of the environment,it is mainly reflected in the following four aspects:freedom sentences have a shorter term of imprisonment,Emphasis on the use of fines,and there is an increasing number of cases which is applied probation or not sentenced to criminal punishment.Among the 28 factors that are supposed to influence sentencing,the 5 factors that are most closely related to sentencing results are excessive discharge,especially serious consequences,joint criminal status,voluntary surrender and return of illegal income.They are correlated with four different sentencing results.While the 6 sentencing results,the sentencing factors affected the most serious one is the probation period,has correlation with the 23 sentencing factors in different extent.Because of the universal application of fine penalty,the 28 influencing factors of sentencing have not been able to form a significant correlation with it.This proves that in our judicial practice,the crime of polluting the environment relies too heavily on the fine penalty.This paper proposed the creation of "ecological restoration measures" in the criminal penalty set based on crime from the crime of polluting the environment in order to subject itself to reduce the environmental pollution,green and sustainable development.