| With the rapid development and continuous improvement of the level of economic and social productivity in China,the problem of environmental pollution is becoming more and more serious in our country,especially in the 21 st century,environmental pollution events occur frequently all over the world.The increase of environmental pollution not only affects the pace of China’s economic development,but also seriously damages the health of our people.Therefore,it is necessary to control the environmental pollution and perfect the environmental legal system,especially from the angle of criminal law to clarify the related problems in combating the crime of environmental pollution.Environmental protection and made clear the contents of the work of environmental protection.Article 46 of the Amendment to the Criminal Law(8)makes great sense.The crime of environmental pollution accident is changed into the crime of environmental pollution,which makes a great change in the constitution of the new crime and makes a positive contribution to the control of environmental pollution.Under the background of increasingly frequent environmental pollution in China,it is more and more important to combine the revised crime of environmental pollution with judicial practice and application.Taking the environmental crime of pollution as the research object,through the methods of case analysis and comparative study,this paper studies some problems existing in the crime of environmental pollution from the angle of the theory of criminal law,and analyzes the related problems existing in the legislation and judicature.For example,the crime system is not perfect,the crime form is not clear,the time limit of prosecution and the criterion of causation are defective,legislative background and legislative significance of environmental pollution crime,as well as the basic characteristics and constituent elements of environmental pollution crime.The second part lists five problems,such as the imperfection of the crime system,the co-existence of the crime and the result crime,the unclear criminal form,the imperfect punishment and the unreasonable calculation of the time limit of prosecution,which exist in the crime of pollution of environment in our country.Further analysis of the crime of environmental pollution in order to achieve a clearer understanding and understanding of the crime of environmental pollution.The third part compares and draws lessons from the relatedcriminal legislation of environmental crime of pollution in foreign countries,and draws the conclusion that the legislation content and effect of environmental crime of pollution in our country are deficient in the content of legislation and the effect of legislation.On the basis of the above-mentioned four specific problems to be solved in the crime of pollution of the environment. |