Research On Standards Of Conviction And Sentencing For Water Pollution Crime

Since Reform and Opening,due to accelerating the speed of economic growth,our environment of living suffered from grievous pressure.The environmental pollution problem has begun to surface.Among them,the damage of the water ecological environment appears more prominent,which will cause so much bad influence to our health and living environment.To punishing crimes of water pollution problem,the supreme people's court published the judicial interpretation in 2006,made clear about the standard of conviction and sentencing on environmental crime such as water pollution crime,made up for the deficiency of the criminal law in terms of this specification.Since then,the standards have multiple revisions,and gradually formed a distinct and clear specification standard system.However,the criteria of conviction and sentencing on water pollution crime still have so many problems,for example,lack of regulation in the form of dangerous crimes,unclear of the content of legal benefit and the chaos about that the criteria.Therefore,in order to set down much more fit criteria of conviction and sentencing about such crime,based on predecessors' research results,this article will further analysis the problems,and puts forward some Suggestions,which will findings a better law for the protection of the ecological environment in our country.About research methods,the article will use the literature analysis,case analysis and comparison of Chinese and foreign legal method and other research methods.Moreover,this article will use the related laws and regulations,environmental crime practical cases and judicial interpretation of the corrections as the main line,analysis the current problems of water pollution in criteria of convicting and sentencing,and puts forward corresponding Suggestions.On the content of the article,through the analysis of the connotation of water pollution crime,the first part will explain the basic situation of water pollution crime.Main content of the second part of the is to point out the basic connotation of conviction and sentencing standard,water pollution crime conviction and sentencing standard set intention and basis.Through the elaboration of the revision process and the present situation of the law on the conviction and sentencing standard of water pollution crime,the third part will summarize the current problems existing on criteria of convicting and sentencing in theory and practice.The last part will put forward Suggestions to solve these problems,which including set up separately crime of water pollution and its independent standard of convicting and sentencing,create criteria of dangerous crime and the introduction of strict liability.Through the above advice,this article try to provide certain reference so the environmental law can play a more important role in punish the crime of water pollution.So we can protect our water ecological environment and the earth.