Research On The Application Of Environmental Pollution Crimes

Human beings take the environment as the foundation of survival,and the environment also guarantees the development of national economy,which is an important link of ecological civilization harmony.However,in recent years,with the continuous development of social economy,the incidence of environmental pollution crime is very high,but the application of environmental pollution crime is not proportional to the occurrence of environmental pollution behavior.In order to effectively control the occurrence of environmental pollution crimes,punish and control the environmental pollution crimes,and make the criminal law to prevent and control the occurrence of crimes,this paper analyzes and discusses the application of environmental pollution crimes,and puts forward Suggestions to improve these problems.This article USES many methods to make the discussion,carries on the research to the pollution environment crime's application,raises its in the judicial application question.This paper introduces the research background,purpose and significance of the crime of pollution of the environment,summarizes the research status of the crime of pollution of the environment at home and abroad,to understand the current domestic and foreign about the crime of pollution of the relevant theoretical research.It defines the concept of the crime of pollution of the environment and explains the elements of the crime of pollution of the environment.There are three kinds of theories:"intentional theory","negligence theory" and "double fault theory".The problem that the boundary between environmental pollution crime and other crimes is not clear;Confusion in the identification of completed crime of environmental pollution;Difficult problems in the identification of accomplices;Identification of the subject of responsibility under joint crime.By referring to the legal provisions and application outside the region,this paper cites the representative and mature legal characteristics of Britain,the United States,Germany and Japan in the Anglo-American law system and the continental law system,and makes a comparative analysis and draws inspiration to explore new theories in line with Chinese laws,and puts forward corresponding countermeasures to solve the problems in application.Finally,in response to practice and theory,Suggestions are put forward for improvement.First,it is suggested to "divide" the subjective forms of environmental pollution crime into two types:intentional and negligent.Secondly,the distinction and boundary between environmental pollution crime and other crime should be clarified more clearly.Third,the crime of pollution of the environment is identified as abstract dangerous crime,expand the crime circle of pollution of the environment,reduce the threshold of crime;Fourth,admitting the co-offender in the form of negligence;Fifth,distinguish the role of the subject of joint crime in the joint crime and determine whether it is the subject of criminal responsibility.Hope that through this article analysis and discussion,can let people aware of the urgency of the environmental protection problem,to improve the problem of environmental pollution seriously,perfect relevant laws and the suitable theory,make the environmental criminal law play a more important role in the judicial practice,finally realizes the ecological civilization,realize the harmony of man and nature to develop together,create beautiful environment.