Study On The Constitution And Penalty System Of Environmental Pollution Crime

With the entry into force of the Amendment(VIII)to the Criminal Law and the promulgation of relevant judicial interpretations,more and more environmental pollution cases have entered the field of criminal justice.Between 2013 to 2018,there have been more than 5441 online judgments involving environmental pollution crimes,these show an obvious growth trend regarding pollution crimes.It is worth mentioning that since the promulgation of the amendment(VIII)to the criminal law in 2011,there has been a lot of controversy on the crime of environmental pollution,whether it is academic discussion in the theoretical circle or practical judgment in judicial practice.The focus of controversy mainly involves the legal interest,behavior structure,harmful consequences,subjective fault,causality,penalty and sentencing issues protected by this crime.Among them,the discussion on the legal interest of this crime is the starting point and the basis for solving other related problems.In view of this,this paper intends to use the online judgement from 2013 to 2018 as a sample to analyze the position of the crime of environmental pollution in criminal justice practice.It aims to study the Constitution and criminal responsibility of the crime of environmental pollution,especially focus on the focus of criminal judicial differences and difficulties in dealing with the crime of environmental pollution.Through the historical research method,this paper analyzes the handling attitude changes of the previous legislation,especially before and after the amendment of the(VIII)amendment to the criminal law,and analyzes the crime constitution and the way out of the penalty system of this crime,based on the statistical data within the5441 judgments.On this basis,by using the research results of the predecessors,this paper carries on the meaning and purpose of the legal text and the value of the discussion,further straighten out the characteristics of environmental pollution crimein crime composition and penalty system,grasp its change and development,explore its significance.So as to find the theoretical basis and logical support for their own discussion.The core structure of the article can be divided into three parts: what is,why and how.The first part "what is ",through the statistical sample data and the concrete case analysis,and unifies the criminal law theory to expound " the pollution environment" behavior in the crime constitution characteristic,as well as this crime culpability judicial practice determination discretion method.The second part "why ",with the first part of the basic data and cases as the support,analysis of the deep-seated crime behind the practice of the identification of difficult problems and crimes to measure the dilemma,mainly including the choice of the legislative value of the crime,proof of causality,the form of crime argument and the system of punishment system four.Aspects.The third part "how to do ",based on the first and second parts of the crime in the crime composition and the penal system of the existing problems,combined with practical experience,learn from the experience inside and outside,put forward a number of solutions,and finally to the crime of the revision and improvement of the outlook.From the structural point of view,the basic structure of "practice-problem-method" accords with the basic law of criminal law research,and the conclusion proves to be consistent.Through research,this paper holds that,first of all,as far as the legal interest of this crime is concerned,the current ecological anthropocentrism legal interest view is more theoretically recognized and practical than other views,so the legal interest of environmental pollution crime should be positioned as "ecological anthropocentrism",and on this basis to grasp the Constitution and criminal responsibility of this crime.Secondly,in the aspect of crime constitution,subjective fault identification and causality proof is a big problem.This paper tentatively takes the dual perspective analysis theory of "intention + negligence" as the form of fault of this crime,and tries to break through the traditional theoretical restraints in causality proof,and introduces the new causality theory to improve the causality theory of this crime.Finally,in sentencing,we need to strictly implement the principle of "unanimous responsibility for a crime",limit the abuse of probation,quantify the applicable conditions of fine penalty,and on this basis,we need to increase the way of qualification penalty and non-penalty penalty,so that the "crime of environmental pollution" can play a vital role in criminal protection.