On Crimes Of Environmental Pollution

The environment plays a pivotal role in the progress and safety of human society.Green water and green mountains are invaluable and inseparable from the construction of a beautiful China.As General Secretary Xi Jinping pointed out,protecting the ecological environment must rely on the system and the rule of law.Therefore,the legislation on environmental pollution crimes is constantly being improved and judicial interpretations have been issued one after another,making the legal regulations on environmental pollution crimes more specific and targeted in judicial practice.The continuous in-depth research on the crime of environmental pollution has made the majority of scholars more intuitively feel the necessity and importance of effective environmental pollution control in the field of criminal justice.However,we should also rationally see that there are still some problems that need to be solved in the legislative and judicial levels of the crime of environmental pollution.Therefore,the author tries to put forward personal opinions on related issues in this article.The content is briefly as follows:The first part analyzes and expounds from three aspects: the definition,characteristics and evolution of environmental pollution crime.This article believes that its characteristics include the concealment of the crime's harmful behavior,the potential of the harmful result,the complexity of the causal relationship,and the wide range of victims.At the same time,the process of the crime's legislation is used as a context to examine the different historical periods.,Especially in the new era,the legal content and regulatory effects of environmental pollution crimes;The second part analyzes the difficult problems of environmental pollution crime based on the criminal composition of environmental pollution crime.In view of the legal interests it protects,it discusses the scope of legal interests protected by this crime in combination with different perspectives of legal interest theory;in view of the determination of its behavior structure,analyzes the crimes from different positions of behavioral crime,consequential crime,actual offender and dangerous crime The guilt;regarding the subjective aspect of the crime,there are still controversies about negligence,deliberate,and compound theory.These theories have their own merits.The author also tries to find a view that is more in line with the legislative and judicial intent;The third part,combined with typical cases,analyzes the current legislative and judicial regulations on environmental pollution that need to be improved.Specifically,it includes: the lack of protection of personal rights in public safety caused by the attribution of class crimes and the unclear competition and cooperation relationship;secondly,the tendency to be more inclined to or rely on previous administrative penalties in legal regulations,which may lead to The start of criminal accountability is delayed;finally,the current penalties for environmental pollution crimes in the criminal law need to be improved,which is mainly reflected in the single type of statutory punishment,the penalties are too light,and the level of sentencing needs to be adjusted;In the fourth part,in view of the difficult problems and shortcomings of environmental pollution crime,perfect suggestions are put forward from the angle of conviction and sentencing.In terms of conviction,clarifying compound legal interests as the legal interests infringed by environmental pollution crimes,subjective aspects should be more clearly reflected in the legal provisions;in terms of sentencing,the legal penalty for environmental pollution crimes should be appropriately adjusted.Improve the sentencing standards for environmental pollution crimes by taking pollution behavior as the sentencing standard,increasing the intensity of punishment,and adding the application of qualification penalties.