Empirical Analysis On The Application Of Criminal Law Of Environmental Pollution Crime In China

China's criminal legislation and judicial interpretation of the introduction and constant revision and improvement of the crime of environmental pollution to provide a foundation.The environmental criminal policy has changed from loose to strict,and the criminal justice of environmental pollution has also appeared the gusher phenomenon.But so far,although many problems have been effectively alleviated,there are still many problems in the first instance criminal judgment of the crime of environmental pollution issued in 1496 articles in 2017,and the criminal law application of the crime of environmental pollution is still facing heavy difficulties.The basic theory of the constitution of crime of environmental pollution is obscure.The environment cannot be regarded as an independent legal interest,and the form of crime focuses on real harmful crimes and lacks dangerous crimes,which is likely to lead to delayed punishment and failure to exert the maximum deterrent power of punishment.The form of the crime judgment is also vague,negligence,intentional and mixed said the stalemate.Penalty measures are not appropriate,penalty intensity is not enough,a single means,the lack of specific amount of the relevant provisions.The crime of environmental pollution in China should establish the independent status of ecological legal interests in the crime of environmental pollution.With the barrier layer of environmental protection,human interests can be protected in advance.We will increase the number of dangerous crimes,reduce the number of criminal offences,and make those who pollute the environment pay the price in advance.The fault liability system of environmental pollution crime should be established,and the form of fault should be defined as "intentional".The application of fine should be expanded to adopt proportional fine.Add qualification punishment,deprive or restrict the right of unit or natural person to engage in specific profession or enter specific profession.Increase the fine scope of specific amount,raise legal punishment range.