Research On Environmental Pollution Crime

In recent years,with the development of social economy and the acceleration of industrialization in China,extensive and high energy consumption has caused serious environmental pollution problems.General acts of environmental pollution can be curbed and remedied by means of civil compensation,compensation,administrative compulsory measures and administrative penalties.But for serious pollution of the environment,it is clear that tougher and harsher punishment is needed and the whole society is warned that otherwise the only earth on which all mankind depends cannot be protected.The irreversible destruction and damage to the natural environment not only destroys the health and life interests of the contemporary people,but also threatens the survival and development of future generations.It not only endangers the natural environment of small areas,but also may destroy the natural environment of large areas.In order to protect the public interests of the natural environment,the vast majority of the governments in the world today make criminal offences by violating the environment severely,criminalize environmental damage that meets certain conditions,and include the crime of polluting the environment within the scope of criminal punishment.It is particularly necessary for the government to gradually improve the criminal legislation,justice and law enforcement of the crime of polluting the environment.Our country also pays more and more attention to the protection of the natural environment,and the act of polluting the environment is included in the category of administrative law and criminal law.The crime of polluting the environment has beenamended by the Amendment to the Criminal Law of the People's Republic of China(8)(hereinafter referred to as the "Eighth Penalty").As far as the original crime of major environmental pollution accidents is concerned,the standard of conviction has been appropriately relaxed and the scope of application has been expanded.Subsequently,the Supreme People's Court and the Supreme People's Procuratorate issued corresponding judicial interpretation to supplement and improve,but the crime of pollution of the environment in the object of crime,standards of accomplishment,forms of crime and punishment in practice are still controversial.The title of this paper is "Analysis of Several Issues Concerning the Crime of Polluting the Environment".The full text is based on the research ideas of asking questions,analyzing problems and solving problems.It is divided into five parts.The first part analyzes the pollution environmental precedents in China and introduces the existing problems of environmental pollution crimes.It also briefly describes the definition of environmental pollution crimes,relevant laws and judicial interpretations,and describes the legislative evolution and legislative analysis of environmental pollution crimes.The paper provides the necessary research basis and supporting basis for analyzing problems and asking questions.The second part introduces the current theoretical deliberate,negligent,compound sin and other theoretical views on the crime of environmental crimes,and puts forward their own opinions.The third part expounds the contents and characteristics of the viewpoints of behavioral crimes,dangerous crimes,result crimes,and binary forms in China's academic circles.On the basis of this,it combines the position of this paper to explain the criminal forms of environmental pollution crimes.A pragmatic and feasible idea.The fourth part,according to the coping style of this issue in the theoretical circle,introduces the basic content of the causal relationship theory of causation,the presumption of causality,and explains the specific rules applicable.The fifth part summarizes the basic viewpoints and draws conclusions.