The Study On Environmental Pollution In China's Pollution Environmental ConfIdence

Nowadays,with people's deep understanding of the importance of environment,in the field of criminal law,various countermeasures have been formulated in the form of criminal law.Especially in our country,with the rapid economic development,it has been a huge obstacle to the economic development of our country.The causes of pollution are blind exploitation and abuse of inferior coal and oil,lack of environmental awareness,making 50%of the land barren.Especially in recent years,the explosion in Tianjin,the oil pollution incident in Lanzhou,Gansu Province,the haze incident in the whole country,and the waste water incident in chemical plants in Jiangsu Province continue to occur.This phenomenon is doubtful,whether there are problems in our country,s response to environmental crime.Since the establishment of environmental crime in the Criminal Law,the provisions of Article 338 "Crime of Major Environmental Pollution Accidents" have aroused considerable controversy and objection both on the theoretical level of the charges and on the judicial application of the charges.In order to meet the needs of reality,the Criminal Law Amendment(?)in 2011 amended the crime.Subsequently,according to the relevant decisions issued by the Supreme People's Court and the Supreme People's Procuratorate,the crime was amended from "major environmental pollution accident crime" to "environmental pollution crime" to make it more in line with the current situation of judicial application.While amending the charges,the legislature has made more detailed provisions on all aspects of environmental crime,but some of the legislative and judicial aspects still have defects,which need to be improved.This paper focuses on these aspects,in-depth analysis of the current legislative status of environmental pollution crime,at the same time,the legislative problems and improvements are studied.The specific framework of this paper is as follows:The first chapter is the introduction.Through the elaboration of the background and significance of the crime of polluting the environment,the necessity and rationality of this study can be clarified,and the scope of this study can be determined,which lays a realistic foundation for the following content.Chapter two introduces the overview of the crime of environmental pollution,including the basic theory of environmental crime and the basic theory of the crime of environmental pollution.Understanding the basic theory is more helpful to understand why the legislature makes such provisions on the crime of pollution of the environment and why the crime of pollution of the environment brings difficulties to judicial practice.The article introduced legislation evolution and legislation on environmental pollution in China,and pointed out that the problem of environmental pollution in China is not a new issue in recent years,but in recent years it has become one of the major problems threatening the health of mankind.Chapter IV analyzes the related aspects of environmental pollution in Germany,Japan,and Hong Kong,and thus leads to the relevant revelation of the overseas legislation system of the country?region?.Based on the present situation of legislation and the study of environment legislation,the article discusses the problems of environmental legislation in other developed countries,and discusses the problems existing in the legislation of the environment.