Research On The Offence Of Environmental Pollution Crime

In recent years,environmental pollution incidents have occurred frequently.The Criminal Law Amendment(?)has made a major revision to Article 338 of the Criminal Law,changing the “significant environmental pollution accident” to “contamination of environmental pollution”.The highest law and the highest inspection The crime of environmental pollution was detailed in the judicial interpretations promulgated in 2013 and 2016.However,the sinful form of the crime of polluting the environment has great differences in both the theoretical and practical circles,which will lead to the confusion of the crime of environmental pollution in the judicial application.This article starts from the legislative intent and the necessity of the law,and carries out the crime of environmental pollution crime.This article is divided into three parts.The first part is an overview of the crime of environmental pollution.Through the combing of the development of China's pollution environmental crime legislation and the analysis of foreign environmental pollution crime legislation,this paper expounds the definition and characteristics of the environmental pollution crimes in China's criminal law,and lays a logical starting point for the study of the crime of environmental pollution crime.The second part is the formal definition of the crime of polluting the environment.The value orientation of the crime of polluting the environment should be discussed.This part mainly analyzes the four viewpoints of the crime of polluting the environment in the theoretical circle: “deliberately speaking”,“negligent”,“complex sin” and “strict liability theory”,then Put forward the value orientation and basic principles of defining the crime of polluting the environment.Finally,the author put forward his own viewpoint based on the legislative intent and the actual needs-the fault theory.The third part is the judicial determination of the crime of pollution of the environment.This part is mainly to propose the criteria for determining the fault of environmental pollution: the key to negligence is the foreseeable obligation and possibility,and the result of foreseeing the obligation is not fulfilled;the key to overconfident negligence is to anticipate the occurrence of the harm.Probably,but not to avoid the obligation to avoid the consequences of harm.Provide reference and reference for judicial practice in China.