Study On The Serious Environmental Pollution In The Crime Of Environmental Pollution

In 2011,Amendment to the criminal law(VIII)In the crime of major environmental pollution accident,the result element of "causing major environmental pollution accident,causing heavy loss of public and private property or serious consequences of personal injury and death" has been changed to the abstract provision of "serious environmental pollution",that has caused different opinions on the determination of "serious environmental pollution" in the judicial practice.In order to reduce disputes,the Supreme People's court and the Supreme People's Procuratorate issued two judicial interpretations in 2013 and 2016,which made specific provisions on "serious environmental pollution",and to some extent provided clear guidance for judicial practice.The revision of legislation and the introduction of judicial interpretation reflect that in the process of regulating environmental crime in criminal law,the change of legislative concept from human standard to environmental standard is conducive to fighting against environmental crime according to law and protecting the ecological environment on which human beings depend.However,the introduction of judicial interpretation did not settle the dispute on the standard of "serious environmental pollution",but caused more differences in the theoretical and practical circles.There are many reasons for different understandings of "serious environmental pollution".First,the meaning itself is complex and changeable.Secondly,the judicial interpretation adopts three kinds of recognition standards,which are mixed together and can be used as completion standards.The logic is unclear and easy to cause recognition confusion.At last,the premise of "serious pollution" is not solved,and any research on "serious pollution" is self talk.Therefore,we must first make clear the three preconditions of the identification of "serious environmental pollution",that is,the protection of legal interests of the crime of environmental pollution,the form of fault of this crime and the form of accomplished crime.Both pure anthropocentrism and pure ecologism are biased,and the compromise theory of combining them overcomes the shortcomings of both,which is more appropriate.Under the premise of ecological anthropocentrism,the author believes that the direct purpose of the crime of environmental pollution is to punish the behavior of environmental pollution itself,that is to say,as long as the damage to the environmental resources itself is caused,it should be considered to meet the "serious pollution of the environment",and as for the pollution of the environment and the consequences of personal and property damage at the same time,it should be considered as an aggravating result."Serious pollution of the environment" emphasizes not the actual result of environmental pollution but the behavior itself.For the three standards established by judicial interpretation,this paper advocates adopting the standard of conduct as the basic crime of this crime,transforming the result standard into the result aggravated crime,and eliminating the blocking standard.The crime of polluting the environment is a kind of behavior crime and abstract dangerous crime,and "serious polluting the environment" should be understood as "serious polluting the environment",that is to say,"serious polluting the environment" is the limitation of the crime of polluting the environment itself."Serious environmental pollution" is an intentional act.