Reform And Perfection Of Penalty System Of Crime Of Environmental Pollution

Pollution crime as a new type of crime,compared with the traditional crime,has a distinct causal diversity,the complexity of the identification and harm to the seriousness of the unique attributes.At present,the number of environmental pollution crimes in China is high and serious,even showing a situation of out of control.But under the existing penalty frame,it is very difficult to carry on the targeted attack.Therefore,it is necessary for us to dissect the penalty system of the crime and find out the fundamental problem.Firstly,this paper describes the current situation of environmental pollution crime in China by the method of empirical research,in order to clear the way for its governance research.Secondly,the problems of penalty system and non-penalty measures of environmental pollution crime in our country are found,including the lack of diversity of penalty types and the lack of rationality of penalty structure,and the absence of judicial application of non-criminal punishment measures and so on.Then,the author makes a comparative analysis of the penalty system of environmental pollution crime(mainly from the two aspects of penalty type and penalty structure)and the advantages and disadvantages of non-penalty punishment measures by using the method of comparative study.Seeking to perfect the penalty system of Environmental pollution Crime in China Test.Finally,combined with our country's criminal policy of combining leniency and severe punishment,the author puts forward the concrete countermeasures to perfect the crime of polluting the environment: first,we should add qualification penalty and construct daily fine system;Second,we should enrich the sentencing level of fixed-term imprisonment and set up the system of changing the penalty for the crime of penalizing the environment.Thirdly,the discretionary application scope of non-penalty measures in environmental pollution crime and the perfection of legal consequences of non-penalty measures should be adjusted.The author hopes to find out the crux of the penalty system of environmental pollution crime through comprehensive empirical analysis and comparative analysis,and in order to realize this crime,the author hopes to find out the crux of the punishment system of environmental pollution crime in China.The refinement of governance contributed to their own modest strength.