Judicial Application Of Crimes Against Environmental Pollution

Since the 2011 Criminal Law Amendment(8)to amend the crime of major environmental pollution accidents into a crime of environmental pollution,the judicial interpretation in 2013 has clarified the specific criteria for the identification of environmental crimes,and the environmental pollution cases in the judicial practice have shown a blowout trend,but The application of this interpretation in practice has also produced many problems.Therefore,after three years and two highs,the "Interpretation of Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases"(French Interpretation [2016] No.29,hereinafter referred to as "Environmental Crime Interpretation" in 2016),conviction and punishment for related crimes Standards and the application of relevant laws have been comprehensively stipulated.It will play an important role in punishing crimes against environmental pollution and further increasing judicial protection of the environment.However,as a new crime,the crime of polluting the environment is incomplete in the legislative setting,and many problems are also exposed in the judicial practice.Based on this,this article is based on the provisions of the criminal law,the perspective of judicial interpretation,the viewpoints of various schools,and the crime of environmental pollution.Research on the application of justice.This article is divided into five parts:The first part analyzes the object of the crime of environmental pollution.Regarding the criminal object of the crime of major environmental pollution accidentsbefore the legislative amendment,the legislation has been quite controversial.The crime after the revision of the law was changed to the crime of polluting the environment.Has the criminal object changed? The clarification of this issue can help understand the nature of the crime of environmental pollution and the boundaries between crimes of environmental pollution and other crimes.This part first sorts out the three viewpoints already in the academic circle,and separately analyzes the advantages and disadvantages of each viewpoint.Combined with the current criminal criminal policy of environmental crimes,it is considered that the object protected by environmental pollution crime is not only the personal and property safety in the traditional sense.It also includes the interests of the ecological environment itself.Of course,the environmental benefits protected by environmental pollution crimes must be closely related to human life and development.Then,under the premise of standing on the theoretical standpoint,the author analyzes the scope of judging the "environment" in judicial practice,and believes that the "environmental" interest of environmental pollution protection mainly refers to the natural self-cleaning interest,that is,the nature protected by law.It maintains its cleansing benefits within its self-metabolic capacity.In practice,deserts,oceans and other places that are inaccessible,as long as they are closely related to human life and development,can be identified as the "environment" of environmental crime protection.The second part analyzes from the subjective aspect of the crime of environmental pollution.The subjective aspects of the crime of polluting the environment are controversial.There are mainly four viewpoints: negligence,deliberately speaking,double sin and sinful sin.Each viewpoint is inconsistent and has its own foothold.This paper firstly introduces the confusion of the subjective aspect of this crime from the judicial case,and then interprets the subjective aspect of this crime from the perspective of interpretation theory,and thinks that it is the meaning of deliberateness,and finally gives the identification of pollution in judicial practice.Environmental crimes are subjective and intentional standards and several specific situations,and the ways of reasoning in the judgment of environmental pollution crimes are clarified,and judicial application is unified.The third part analyzes the pollution behavior of pollution crimes,the identification of pollution results and the crime form.Article 138 of the Criminal Law stipulates that “the discharge,dumping or disposal of radioactive waste,wastescontaining infectious disease pathogens,toxic substances or other harmful substances,which seriously pollute the environment,” is criminalized in judicial practice.When dumping or disposing behavior,it shall be in accordance with the spirit of the relevant provisions of the Law on the Prevention and Control of Environmental Pollution by Solid Waste and the Interpretation of Environmental Crimes,whether its behavior violates state regulations or industry operating regulations,whether pollutants are in contact with the external environment,or whether Comprehensive analysis and judgment on the dangers or hazards of environmental pollution.The acts of transport,storage,utilization,and actual discharge,dumping,and disposal shall be deemed as illegal discharge,dumping,and disposal,and criminal responsibility may be investigated according to law.The fourth part analyzes the joint crimes of crimes of environmental pollution and the identification of unit crimes.In practice,unit crimes are identified less,and natural person crimes are more identified.The reason is that unit crimes are difficult to identify and standards are not uniform.In fact,the crime of polluting the environment is more common and harmful.For unit crimes,it is determined from the "representation unit will" and "based on unit interests";the determination of the scope of joint crimes should be divided into internal units and The entrustment relationship is determined separately.