Research On The Judicial Practice Of Environmental Pollution Crime

In recent years,with the upgrading of ecological civilization construction into a national strategy,Criminal legislation on environmental protection continues to advance,The importance of combating environmental pollution crimes has also become increasingly prominent.Although China's Criminal Law Amendment(VIII)has amended 338 articles,two highs issued two “Interpretations on Several Issues Concerning the Application of Laws in Handling Environmental Pollution Criminal Cases ” in 2013 and 2016,and brought environmental pollution crimes from a normative perspective.The application of criminal law tends to be scientific and reasonable.However,the crime of environmental pollution in China's judicial practice has the phenomenon of uncoordinated theory and normative operation.Therefore,it is necessary to strengthen the study of the judicial application of the crime of polluting the environment.Based on the empirical research on the effective judgment documents of criminal cases in polluted environment in recent years,the paper draws the statistics and analysis of the basic situation of the case,and obtains the overall situation of the crime of environmental pollution and the basic law of criminal behavior;Then find out the difficult problems in the process of the crime of polluting the environment,combine theory with practice,and clarify the relevant legal provisions and their applicable questions and disputes;Combined with the legislative provisions and practical experience of environmental pollution crimes in extraterritorial countries,the paper puts forward suggestions on perfecting the legislation and judicial aspects of the crime of polluting the environment in China,and also plays a role in inspiring theoretical research and practical operation of environmental pollution crimes in the future.The thesis is divided into four parts,which are as follows:In the introduction,the paper summarizes the background,practical significance and research status of the paper at home and abroad,and then briefly introduces the research methods,contents and innovations of the paper.The first part is an overview of the basic issues of environmental pollution.By comparing the provisions of Article 338 of the Criminal Law from the "significant pollution environmental accident" to the "pollution of environmental crimes" legal provisions,the concept,evolution and essential attributes of environmental pollution crimes are summarized.The second part,through the statistical analysis of empirical research data,from the geographical distribution,the comparison of the time of the case,the distribution of the number of crime subjects,etc.,the overall status of the crime of environmental pollution: the number of cases is increasing year by year,the overall proportion of cases is small,the whole country The distribution of cases in various provinces andcities is uneven,the subjects of crime are concentrated,and the number of joint crimes is mostly.find out the problems in the judicial application of the crime of polluting the environment: the crimes committed in the environmental pollution crimes are more than the result of the crimes,the current judicial interpretation and legal provisions are obviously out of sync,and do not meet the basic requirements of the principle of a legally prescribed punishment for crimes;Subjective sin is not uniform when the crime is determined,such as "deliberately speaking","negligent","fuzzy sin" and other doctrines,resulting in operational confusion in judicial practice,can not accurately apply this crime to deal with environmental pollution cases;pollution environment The crime of sentencing is not standardized,and the sentencing circumstances are single;the differences in judgments on environmental pollution crimes in different regions are different,and the same case is different.And briefly explain the reasons for the problems in the judicial application of the above-mentioned environmental pollution crimes.The third part,through the investigation of the legislative provisions and judicial practice of environmental pollution crimes in several major developed countries outside the region,the enlightenment of solving the difficult problems in the judicial application of the current environmental pollution crimes in China is obtained.For the current situation of the inconsistency of intentionality and negligence in China's judicial practice,we can learn from the legal provisions of Germany's subjective crimes against environmental crimes,that is,German law clearly stipulates that there are two crimes of intentionality and negligence in environmental crimes.Another example is that the application of fine penalties in China is not uniform,and it can be used for advanced practices such as “ double ratio system ” and “ daily penalty”.Drawing on relevant legislation outside the domain,improve relevant laws and regulations in China,and thus standardize judicial practice.The fourth part,through the elaboration and analysis of the problems in the judicial application of the third part of the pollution-related environmental crimes,and draws on the legislation and practice of environmental pollution crimes outside the territory,proposes the legislative and judicial suggestions for improving the judicial application of environmental pollution crimes in China.It is suggested that the crime of polluting the environment clearly stipulates whether the crime is a behavioral offense or a result of the crime.This is conducive to the implementation of the principle of legality of the crime in the criminal law;the proposed legislation on pollution of the environment clearly stipulates that the crime can be composed of intentionality or negligence,but in the same In a case,the same act can only have one intention or negligence,that is,“choose sin and say”;it is recommended that the crime of polluting the environment be included in the criminalization of criminal rules,the fines of fines should be refined,and the prohibition order should be applied;Guide the system,unify the judicial judgment standards,establish an environmentalexpert database,and answer difficult questions in environmental pollution litigation in a timely manner.Therefore,it provides a reference for the judicial authorities to scientifically and rationally deal with environmental pollution cases and realize the organic unity of criminal law to punish crime and protect human rights.In the conclusion part,it summarizes the main contents of the study on the crime of polluting the environment,and calls on the theoretical and practical circles to pay attention to ecological environmental protection and further study the crime of environmental pollution.