Research On The Criminal Law Of The Crime Of Polluting The Environment

At present,our country's economy develops rapidly,at the same time the environmental problem is also increasingly serious.When civil and administrative means cannot effectively solve the problem of environmental pollution,it needs to be regulated by criminal law,which is more forceful and penalized than civil and administrative means,and faces more and more serious environmental pollution problems.It is an urgent task to perfect the criminal legislation of environmental pollution crime.At present,there are still some controversies about the accomplished standard,the object of crime,the form of crime and the setting of penalty of the crime of environmental pollution.In this paper,the author expounds and analyzes the problems involved in the crime of environmental pollution in four parts,and the first part puts forward the great premise of the research in this paper,that is,the environmental criminal law,and provides a brief overview of the environmental criminal law,which is in concert with the following analysis of the beneficial transformation of the protection law.In this paper,the connotation and development of the crime of environmental pollution in China are summarized,and the main problems in the legislation of the crime of environmental pollution in China are summarized in the following aspects: the object of the crime is located in the position of the object of crime,and should not be placed under the sixth "the crime of destroying the order of social management".In addition,it should pay more attention to the independent value of the benefits of environmental law;whether the rules of the sui generis of the crime of environmental pollution are not scientific,whether the act of the act is the purpose of the crime is the problem that is worth exploring,the form of the crime of this crime is a problem,Whether there is a dispute in the form of the fault of the fault committed in the "Major environmental pollution accident crime" before the revision of the criminal law;if there is a problem in the allocation of the punishment of the crime,the subjective and malignant size of the actor does not match the severity of the penalty,the provisions stipulate that the sentencing is not light,and the scope of application is narrow in the application of the fine punishment,The amount specified is not clear and the setting of the penalty for this crime is ignored.In the second part of this paper,the above-mentioned problems are described in detail and the authorundefineds point of view is analyzed and summarized according to the different theories of the academic circle.In order to make early evaluation on the crime of environmental pollution,the author thinks that the form of the crime is not only the fault,but also the purpose of the crime,and finally,on the setting of the penalty,It should be adapted to the penalty,to clarify the role of the fine punishment and to increase the application of the qualification punishment.The third part,based on the research and analysis of the foreign environmental criminal law in the second chapter,summarizes the reference and significance of our country,and from the experience of the criminal legislation on environmental pollution in foreign countries,it is worth to learn from the problems raised in the second chapter: Through the traditional theory,the benefit of environmental law is paid more and more attention and protection as the independent legal interest,the role of the dangerous crime is paid attention to,and the environmental law is used as the standard for the crime of environmental pollution;in the form of the crime,the double-fault form of the continental law system and the strict liability of the common law system are compared and combined with the national conditions of our country,In the form of the crime of environmental pollution,our country should be more inclined to the dual sin,and in the setting of the penalty,it can be seen that the legislation of the crime of environmental pollution in foreign countries is more clear and strict,so that the subjective and malignant degree is adapted to the light of the criminal law,and the role of the fine punishment and the qualification punishment is paid attention to.The fourth part,based on the experience of foreign legislation and combining with the actual situation of our country,puts forward the authorundefineds legislative suggestions on the object of the crime of environmental pollution,the form,the form of the crime,the disposition of the penalty and so on.In the aspect of the protection of the law,we should pay more attention to the importance of the benefits of environmental law;in the aspect of the form of the case,it should be included in the form of the crime of environmental pollution;in the form of the crime,most of the countries have provided for the crime of negligence,and our country can learn from it;and finally,in the aspect of the setting of the penalty,Our country can draw on the foreign legislative experience to set different legal penalty,pay more attention to the function of fine punishment and qualification punishment,and enlarge the scope of application of the penalty.