Research On The Punishment Scope Of Assistant Offenders In Environmental Pollution Crime

A large number of environmental pollution cases have entered into the field of criminal justice,and many problems have arisen or exposed in the process of trial,among which the accomplice of environmental pollution crimes is one of the difficulties.After sorting out the cases of environmental pollution crime in recent years from China Judgement Online,we find that most of these cases involve more than one person,and the assistant offender is the most common type of accomplice in the cases judged by the accomplice.Therefore,the research of assistant offenders should be an extremely important aspect in the study of the environmental pollution crime,but unfortunately this issue has not been fully concerned by the academic circles.Because of the complexity of the theory and practice,joint crime is also known as the “Dark Chapter” of Criminal Law.Thus,there is still a lot of room for the study of assistant offenders of environmental pollution crime,and many problems exposed in judicial practice are also of great theoretical value.Specifically,the following problems are mainly exposed in the identification process of environmental pollution crimes.Firstly,under the influence of Severe punishment of environmental criminal policy,sometimes the sentencing of accomplice cases related to of environmental pollution crime is too arbitrary,which makes the punishment scope of assistant offenders too wide,resulting to some acts that should not be guilty being punished as helping type crime.Secondly,the crime of polluting the environment has different penalties.Courts in different places have different judgments on the identification of aid acts.Some similar or identical aid acts even have diametrically opposite judgment results.In judicial practice,the form of accomplice of environmental pollution crime is mainly assistant offender.The limitation of the assistant offender identification of environmental pollution crime is the core of this article.The article mainly defines the scope from both the sin form and the neutral aid act theory.First of all,the establishment of joint crimes is premised on intentional crime.Before the implementation of the Criminal Law Amendment(VIII),it is generally considered that this crime is a crime of negligence.In judicial practice,the determination of joint crimes is not being made,each crime committed are being punished separately.After the amendment of the law,there is a big difference in the theory of criminal law and judicial practice on whether the sinful form of the crime of polluting the environment contains intentionality.The establishment of the environmental pollution crime is the premise to identify the scope of helping offense.By comparing and analyzing the relevant doctrines and practical cases,it is found that the theory of alternative crime undoubtedly has more advantages.The form of the crime includes the choice of intent and negligence,and joint crime can be established when the form of the crime is determined to be intentional in a specific case.The aid acts of common environmental pollution crime,such as helping to transport waste and providing site and equipment,often have the characteristics of neutrality.Therefore,based on the theory of neutral aid act,it is more scientific and reasonable to limit the crimes of environmental crimes.In fact,the common “neutral” aid act in the environmental pollution crime has not created or aggravated the infringement of legal interests.It seems like that it promotes the implementation of the principal offender,but in fact,it does not have the causality of Criminal Law,and it is more difficult to determine that it is intentional and cannot be held criminally responsible.