Research On The Judicial Identification Of Pollution Environmental Crime

Amendment of the criminal law(8)has greatly reduced the entry threshold for the crime of environmental pollution..However,there is no consensus on the legal recognition of the crime and the subjectiveness of the crime,thus increasing the difficulty of proper application of this crime in judicial practice.Therefore,it is of practical significance to study from the Angle of judicial identification.This paper will adopt the method of combining theory with practice,and carry out specific research from four parts.The first part the paper summarizes the crime of environmental pollution from legislative changes and characteristics.The legislation of pollution environmental crime can be divided into three periods.In the period from 1979 to 1997 for the environmental pollution in our country criminal legislation is relatively general,until 1997 when the "criminal law" the revision to the environment crime has carried on the system,at the end of the sentence in 2011 eight amendment really back to nature environment legislation.The crime of environmental pollution has the characteristics of administrative dependence,the concealment of the way of behavior,the severity and the sustainability of the results.The second part systematic analysis is made according to the pollution environmental crimes in the theoretical circle.The crime of environmental pollution is the criminal legislation to return to the nature of the environment.It should be the law and benefit that is directly protected by the environment,and public safety is the benefit of the protection of the law.Therefore,the protection of the law of this crime should be the complex object.Actors in the implementation of environmental pollution did not expect the results of direct intent,but one-sided pursuit of economic interests and to let the indirect intent for environmental pollution behaviors,or cognitive error,thus form a double sin.Two Supreme Court judicial interpretation is the exact circumstances specified in the serious environmental pollution,but in that still exist in dangerous crimes committed cross,direct and indirect harm results with results confused harm result is difficult to choose one,The determination of "other serious environmental pollution" conditions in the bottom of the pocket clause should be consistent with basic common sense and be good at using data to make sure.The third part the principle of strict liability and presumption of causality is studied by referring to the identification principle of foreign pollution environmental crimes.Strict liability is not a violation of the basic principles of China's criminal law,which is the realistic need to adapt to the international development trend of criminal law,the determination of the judicial identification of pollution environmental crimes and the realization of the symbiosis between man and nature.However,for the specific application,it should be differentiated according to the criminal subject and explicit in the criminal law.The presumption of causality is used in many countries to determine the causality of environmental crime,and it has good practice effect.The principle is also applied in the crime of environmental pollution,but the specific content of the exception or the exemption should be handled carefully,neither too big nor too strict.The fourth part expounds the judicial identification of three similar crimes,including the crime of environmental pollution and the release of dangerous substances.The crime of environmental pollution and the release of dangerous substances are different in the object,objective aspect,criminal subject and subjective form of crime.Among them with the launch of the crime of dangerous substances that are relatively difficult,especially when environmental pollution behavior and individual especially serious consequences will occur to the heavier punishment on the dangerous material crime to punishment,therefore,it is necessary to raise the legal punishment of pollution environmental crimes and make different determination of the harm behavior of different behaviors.The key to distinguish between the crime of the crime of dangerous goods is whether the behavior object belongs to the category of dangerous goods and whether the place where the behavior takes place is in the production,transportation and use of dangerous goods.The difference between the infectious agent and the virulent species is the scope of the pathogen and the special status of the actor.