Study On The Joint Crime Of The Crime Of Pollution Of The Environment

The traditional theory of joint crime in China adheres to the principle of unity of subjective and objective in identifying joint crime.Article 25 of the Criminal Law also clearly stipulates that only two or more joint intentional crimes can be treated as joint crimes.However,the crime of polluting the environment is a negligent crime or a deliberate crime or can be established,which has been controversial for a long time.Different forms of crime directly affect the imputation of individual crime,and also directly restrict the certification and development of joint crime of environmental pollution crime.In practice,it is precisely because the subjective form of the crime of polluting the environment is not clear,the judge hardly specifies the form of the crime in the judgment,and takes the attitude of avoiding the joint crime as much as possible,resulting in the vagueness of the judicature.Therefore,in theory,it is necessary to adhere to the concept of ecological legal interests,clarify that the form of the crime of environmental pollution is intentional,and then carry out specific research on the co-offenders of the crime of environmental pollution.Through the study and judgment of many judicial cases,it shows that there are still problems in the criminal punishment of joint crime of environmental pollution crime.First,the scope of punishment tends to expand.Although the relevant judicial interpretations try to limit the scope of "directly responsible persons",the practice has little effect.Especially for those employed in enterprises or providing temporary services for enterprises,because their work content is engaged in production,processing and sewage discharge,they are also recognized as assistant offenders of environmental pollution crimes.However,the above-mentioned personnel's behavior has the "business neutrality" aspect,the role can be replaced at any time,the dominance of crime is weak,and it is difficult to expect the perpetrator to risk unemployment and disobey the instructions of the employer or the leader,so it is difficult to punish such personnel to achieve the purpose of crime prevention penalty,so it is inappropriate to investigate the criminal responsibility of such personnel.The author tries to introduce the theory of neutral helping behavior in order to delineate the punishment scope of the assistant offender of the crime of polluting the environment reasonably.Second,the punishment is relatively light and the punishment method is single.Empirical data show that the vast majority of environmental pollution crimes are sentenced to fixed-term imprisonment of less than one year,while the sentencing cases of 3-7 years' imprisonment are negligible,and there is a vacuum in the application of penalty range.On the other hand,based on the concept of restorative justice,the punishment of criminals should aim at restoring the natural ecology,so it is necessary to play an active role in supplementary measures of punishment.