Discussion On The Criminal Form Of Environmental Pollution Crime

The Amendment VIII to the criminal law indicates that the offense of major environmental pollution accident has become the offense of environmental pollution;.This amendment reduces the threshold of the crime,improves the use rate of the crime,and is conducive to the protection of the ecological environment.But The Amendment VIII to the criminal law caused a heated discussion.The judicial interpretation of the Supreme Court and the Supreme People's Procuratorate did not determine the criminal form of the offense of environmental pollution,but their judicial interpretation intensi fied the contradiction.Based on the criminal law,this paper focuses on the judicial interpretation,and compares the views of scholars.The main body of this paper is divided into the following three parts:The first part of the article emphasizes the importance of the environment to the development of human civilization,and leads to the focus of this article,which is the offense of polluting the environment.First of all,this paper briefly reviews the history of environmental legislation in China.Then,by analyzing the cases,this paper points out the existing problems of the crime of environmental pollution,which is the crimin al form of the new accusation.Some people think the new accusation belongs to the behavior crime,but some people think the new accusation belongs to the result crime.Therefore,in order to maintain the judicial authority and protect the ecological environment,it is urgent to discuss this issue.The second part of the article puts forward the solution to this problem.First of all,these views have their own merits,but at the same time,they are unreasonable.After analyzing the case,this paper points out that the reason of the problem lies in the wrong view of the judicial organ.The judicial organ confused the standard of entering a crime with the standard of completing a crime,and the judicial interpretation reduced the use rate of the new accusation.The third part of the article puts forward suggestions on the crime.On the premise of current legislation,we should discuss the crime form of new accusation in different levels.This paper points out that the standard of attempted crime should conform to both the standard of behavior and the standard of a certain severity,and the standard of accomplished crime should conform to the standard of result.In addition,this paper also responds to the query.