Criminal Law Control Of Hazardous Waste Treatment In China

In recent years,the attention of the state and society to the issue of ecological environment construction has risen to a new height,and the solution of environmental problems cannot be delayed.Among many environmental problems,the environmental hazards of hazardous wastes have been widely concerned by the society in recent years due to their long duration,uncontrollable scope,great damage to the environment,and high difficulty in restoring the environment.In the rule of law,perfecting the environmental legal system is the most sustainable and effective way to protect the environment.Therefore,in response to the illegal disposal of hazardous wastes,it is necessary to coordinate and effectively link the various departmental laws,including administrative law,civil law,and criminal law.Among them,the criminal law as a sanction law for all other laws is more important for the effective regulation of hazardous waste treatment.However,in the current criminal justice practice,the application of the regulations on the regulation of hazardous wastes is not satisfactory.There is no obvious trend to effectively control the environmental pollution of hazardous wastes.The crimes of hazardous wastes are still on the rise.This phenomenon is closely related to the cognitive deviation of criminal law theory and practice on many related issues and the lack of completeness of criminal legislation.It is necessary to clarify and improve the regulation of hazardous waste treatment in criminal legislation through special research.According to the different sources of hazardous waste,the disposal of hazardous waste can be divided into the treatment of hazardous wastes in the country and the transboundary treatment of hazardous wastes abroad.Due to the current necessity and urgency of China's environmental criminal policy to punish the illegal disposal of hazardous wastes,this article will only study the illegal disposal of hazardous wastes in China,and the problem of transboundary disposal of hazardous wastes will not be discussed.After carefully studying the papers of scholars in the past and related judicial interpretations,this article uses a variety of research methods,such as literature analysis,policy analysis,and case analysis,and then studying the criminal law system of hazardous waste treatment from four parts.The first part is basic issues of criminal law system for handling hazardous waste treatment.The research on the treatment of hazardous waste has the urgency of the practical level and the necessity of the theoretical level,that is,the research has the methodological value,the ontological value of criminal law,the criminal legislation and the value of judicial practice.First,summarize the concept of hazardous waste by analyzing the provisions of the international and national legislation on the definition of hazardous waste,then introduce the five properties of hazardous wastes,such as flammability,and it has many characteristics,such as wide variety,wide source,latent period,and professional treatment,etc.Then,by analyzing the inclusion relationship between toxic substances and hazardous wastes,and the partial overlapping relationship between hazardous wastes and hazardous substances,the extension of hazardous wastes can be understood.The second part is status quo of criminal regulation of hazardous waste treatment.In order to carry out targeted regulation on the pollution behavior of various environmental factors,many countries in the world adopt a separate criminal legislation model for environmental crimes.In China's criminal legislation,there is actually only one crime of polluting the environment is to regulate the domestic treatment of hazardous wastes.That is to say,China's current criminal law adopts a centralized legislative model for environmental crimes,which is singular.Since the criminal law established the crime of major environmental pollution accidents in 1997,after many revisions and interpretations,within the framework of the existing criminal law,the crime of environmental pollution is of great significance for regulating the illegal disposal of hazardous wastes.The third part is the regulation of hazardous waste disposal by environmental crimes.For the disposal of hazardous wastes stipulated in the crime of environmental pollution,it should be regarded as the bottom clause of the harmful behavior.When defining it,it should be combined with the essential elements of the infringement of legal benefits,and appropriately expand the extension of the harmful behavior of the crime.Within the framework of the existing criminal law,if the crime of environmental pollution is to be established,the subjective aspect of the person who illegally handles the hazardous waste should be intentional,and based on the particularity of the hazardous waste,when determining the elements of the illegal disposal of the hazardous waste,there must be a unique method of identification.At the same time,in order to apply the unified judicial system,the scope of responsibility and the scope of establishment of joint crimes should be separately discussed from the same unit and the upstream and downstream crimes according to the difference of the identity of the subject,so as to investigate the criminal responsibility of each actor according to law.The fourth part is the improvement of the criminal law system for handling hazardous waste.The complexity of hazardous waste disposal behavior determines that legislation cannot be comprehensive and must be continuously improved according to the actual situation.Therefore,it is recommended to further improve the criminal law system for the-disposal of hazardous wastes by adding crimes such as negligent crimes and dangerous offenders after the crime of environmental pollution.