Research On The Legislation Improvement Of The Crime Of Polluting Environment Under The Beautiful China Target

In recent years,a series of environmental pollution incidents such as air pollution,groundwater pollution and soil pollution have not only aroused widespread concern in society,but also attracted great attention at the national level.For the first time in the report of the 17 th National Congress of the Communist Party of China,"ecological civilization" appeared;the 18 th National Congress used a special chapter to describe the construction of ecological civilization,and incorporated it into the overall layout of the five-in-one socialism with Chinese characteristics,and proposed the construction of "beautiful China".A beautiful vision;the report of the 19 th National Congress of the Communist Party of China pointed out that "it is necessary to establish a green hill and green hills is the concept of Jinshan Yinshan,and treating the ecological environment like life." In this context,cracking down on environmental pollution crimes has become an inevitable choice for building a "beautiful China."The "Criminal Law Amendment(8)of the People’s Republic of China",which came into effect on May 1,2011,amends the crime of major environmental pollution accidents into a crime of environmental pollution.The Supreme People’s Court and the Supreme People’s Procuratorate were implemented on June 19,2013.The Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution clarifies the criteria for aggravation of the crime and aggravating circumstances,and introduces a series of new provisions on conviction and sentencing,which reduces the threshold for the crime of sin,November 2016 Highly issued the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution",in response to the new situation of environmental pollution at the current stage,the interpretation of 2013 will be further and more detailed,and the integration of environmental pollution crimes will be further strengthened.Strike strength.These are the progress made by China’s criminal legislation in environmental protection in recent years.However,China’s current large and major environmental pollution incidents are not uncommon.The crime of environmental pollution is a new crime,its legislative setting is still incomplete,and judicial application is still flawed.Based on this,this paper analyzes the problems existing in China’s current environmental pollution crimes based on domestic judicial judgments,and proposes corresponding countermeasures,in order to further improve the relevant legislation on environmental pollution crimes.The introduction to this article is mainly composed of forth parts:The first part of the content,mainly from the data of 35 judgments in Zhejiang Province in 2016 and 84 judgments in Shandong Province in 2016,analyzes the trends and characteristics of the crime of environmental pollution in terms of conviction and punishment.The second part of the content,mainly from the theoretical level,the use of risk society theory and the analysis of the legal benefits of environmental pollution crimes to illustrate the need to increase efforts to combat environmental pollution crimes,to provide theoretical support for the article.The third part of the content,this part is one of the focuses of the article.According to the specific case,the relevant issues of conviction in judicial practice are analyzed.The first is qualitative analysis,including whether the subjective form includes deliberate discussion;whether the dangerous offense constitutes an ambiguous discussion;the identification of the term “disposal” in the crime of environmental pollution.Then propose corresponding legislative improvements,including: separate provisions for negligent and intentional offenders;add dangerous criminals.The fourth part of the content,this part is also the focus of the article research.With reference to specific cases,the paper analyzes the issues related to the crime of environmental pollution crimes in judicial practice.First of all,through the study of the case,we found that the problems reflected in the judgment include: the free penalty is generally light,the crime is similar,the difference in the amount of fines,the non-penalty is rarely applied,and the unit punishment is single..Secondly,it analyzes the causes of the problems,and correspondingly concludes that the penalty is too light for the free penalty,the limitless fine system makes the judge’s discretion too large,the non-penalty measures have defects,and the legislation imposes a single punishment on the unit crime.Four reasons.Finally,it proposes the legislative improvement path to regulate the crime of polluting the environment,including: strengthening the punishment of free punishment,adopting the limit fine system,perfecting the non-penalty punishment measures,and increasing the punishment method of unit crime.I hope that this paper can make this crime play a greater role in judicial practice,better prevent and combat environmental pollution crimes,serve the construction of ecological civilization,and contribute to the "beautiful China".