Case Study On Environmental Pollution Crime Of Zhang And Others

In 2011,In the "Criminal Law Amendment(8)"(hereinafter referred to as "Revision(8)",the "crime of major environmental pollution accidents" was revised to "crime of environmental pollution",and the Supreme People's Procuratorate and Supreme People's Law respectively issued the "Interpretation of Several Issues on the Application of Laws in Handling Criminal Cases of Environmental Pollution" in 2013 and 2016(hereinafter referred to as "Interpretation")The 2016 "Interpretation" further detailed and supplemented the issues of conviction and application of environmental pollution crimes.The Revision(8)and the successive introduction of the "Interpretation" have led to theoretical and practical discussions and controversies on the form of environmental crime,the form of accomplished form,and the standard of attempt.The different theoretical propositions have also led to different judgment results in practice.The environmental pollution crimes,Zhang *jia,were tried and judged in the first and second trials.The focus of the controversy in this case is mainly on whether the subjective crimes of the environmental pollution crimes are intentional or negligent,whether the completed form should be defined as a result crime,a behavioral crime or a dangerouscrime,and Whether Zhang*jia and other actors have reached the attempted standard,these three issues.First of all,subjectively,the crimes of major environmental pollution accidents in the past are often considered as crimes of negligence,because "accident" have the both meanings of "accident" and "unwanted consequences" in Chinese,and new environmental pollution crimes are on the count.The description has been revised to “severely pollute the environment”.The behavior of“ discharging,dumping,and disposing of ” pollutants in the means behavior obviously has intentional cognitive factors and will factors.Generally,it has a hope or laissez-faire attitude towards the pollution results.Therefore,from the current Judging from the current status of legislation,intentionalism is more reasonable.Secondly,the completed form of the crime of environmental pollution is controversial,and the provisions of the crime of conduct appear in the 2016 "Interpretation",which makes the current form of the crime of environmental pollution a situation of co-existence of criminals and behavioral offenders.Based on the high proportion of “behavioral offenders”in judicial practice and based on the severe background of the ecological environment,we strictly implement the basic principle of “prevention-oriented” in the environmental field.Future trends.Finally,in judging the attempted standard of the crime of polluting the environment,the discussion is carried out in accordance with the attempted standard of the crime of conduct,and a reasonable and accurate evaluation is made of the attempted standard of environmental pollution crime.