Study On The Idealkonkurrenz And Identification Of Crime Of Environmental Pollution And Crime Of Delivering Dangerous Substances

Through the introduction,it points out that there is a phenomenon of application of chaos in the crime of environmental pollution and the crime of placing dangerous substances in judicial practice.For this reason,the judicial interpretation related to the crime of environmental pollution only affirms that the two may constitute an imaginary competition.The distinction does not give a specific legal basis.The text is discussed in the following five sections.The first part clarifies the intersection between the crime of polluting the environment and the crime of placing dangerous substances from the four aspects of subject,subjective constituent elements,object and objective constituent elements.Especially in the behavior pattern,the two are similar;the second part analyzes the first part.The contradictory judgments between the two guiding cases issued by the Supreme People's Court,followed by a number of cases and judgments of the local people's courts,intended to specify the chaotic situation in the judicial practice for the specific application of these two crimes;The third part summarizes the conviction of the crime of polluting the environment and the possibility of competing with dangerous substances.The fourth part is about the crime of environmental pollution,whether it is necessary to apply the crime of placing dangerous substances,and it is necessary to examine the subjective malignancy and behavior of the actor.The degree of badness,whether it poses specific dangers or hazards to public safety,etc.,combined with the above-mentioned cases,put forward some relatively simple reference standards,combined with the elements of crime,the competition and application between the two crimes.Some arguments are summarized;the final fifth section shows the settlement of two charges Application of the path,on legislation to improve the legal punishment of the crime of environmental pollution;judicial,judicial referee shall by law be used with caution discretion,while implementing the principle of suiting punishment.