On The Improvement Of The Legislation Of The Environmental Pollution Crime In Our Country

Since the 1980s,with the rapid development of Economy and industry,The frequent occurrence of environmental pollution causes serious threat to people's life and property,and at the same time causes irreversible losses to the interdependent ecological environment.As the final line of Protection of criminal law,how to improve the legislation,play its due role,is our urgent need to study.This article is divided into three chapters to elaborate: The first chapter is the foundation of the full text,the First Section of the concept of environmental pollution crime with decomposition of words to explain,from the concept of the environment,pollution behavior to the concept of environmental pollution crime.The Second Section explains in detail the characteristics of the crime of environmental pollution,starting from the administrative subordination,timeliness,harmfulness and complexity,therefore,the following legislation of our country needs to solve the problem of perfecting legislation according to the characteristics of environmental pollution crime.The third section introduces the legislative process of the crime of environmental pollution,from the 97 criminal law to the latest judicial interpretation,and comments on the progress and defects of each change,it is pointed out that the purpose of revising the crime of environmental pollution is to protect the ecological environment better.The fourth section introduces the significance of setting up environmental pollution crime in our country from macroscopic aspect and realistic situation.The second chapter introduced our country to pollute the environment crime in the legislation and the theory insufficiency.The First Section analyzes the insufficiency of the legislative style,as far as the legislative mode is concerned,the status of the existing environmental pollution crime in the criminal law is relatively low,and the absence of a special chapter on environmental crimes highlights the importance of ecological legal interests;Fail to reflect the diversity of the objects of pollution.The second section introduces the negative consequences of not establishing the dangerous crime,which is disadvantageous to the protection of the environment,can not embody the characteristics of the polluted environment,can not embody the value of the times,and can lead to the difficulty of punishing the transfer pollution caused by the foreign capital admittance.The third section introduces the theory and legislation of the elements of conviction for the crime of pollution of the environment,including the problems in applying the traditional theory of causality,such as the theory of conditional,the theory of equivalent causality,etc.,some scholars think that it is intentional,fault that is the mixed theory of culpability,as well as the loopholes in the above-mentioned theory.The fourth section introduces the shortcomings of the penalty allocation of environmental pollution crime,one of which is that the statutory penalty is not complete,mainly manifested in the form of a single punishment,the deterrent effect is limited and the free penalty allocation is not coordinated,the second is the lack of fine,mainly for the lack of a fixed standard to determine the amount of fine and low enforcement capacity,no related penalty replacement defects.The third chapter introduces the suggestion of perfecting the legislation of environmental pollution crime in China.The First Section expounds that in the legislative mode of the crime of environmental pollution,we can draw lessons from the legislative mode of Western developed countries,set up a special chapter to enhance the status of the crime of environmental pollution,highlight the ecological legal interests of the crime of environmental pollution,and set the crime in the first chapter of the Criminal Law,in addition,the crime of polluting the environment can be divided into the crime of polluting the atmosphere,the crime of polluting the soil and the crime of polluting the water resources according to the major objects of pollution,reflecting the differences of the objects of pollution,it is conducive to the compatibility of crime,responsibility and punishment.After the respective charges,the environmental pollution crime should be retained as the bottomless clause of the new objects of pollution.The Second Section proposes to add the dangerous crime,the author's opinion is that the specific dangerous crime is more suitable in our country's pollution of the environment crime.Section III,in the elements of conviction,the author believes that the principle of presumption of causality should be introduced into judicial practice,when the causal relationship is confirmed without direct evidence,the theory of causality and the theory of indirect anyways,in the subjective aspect of the crime,the author expounds four reasons that the mixed culpability should be applied: First,the mixed culpability theory makes the environment highly effective and effective,and second,from the judicial precedent,the case law published by the supreme law is both subjective and intentional,and it is not appropriate to deny that the crime of pollution of the environment can be composed of negligence,fourth,from the Criminal Law System,the legislator certainly mixed culpability.The fourth section introduces the author in the penalty disposition aspect has three suggestions.First,to improve the punishment of the crime of environmental pollution,we can set up qualification punishment for units and individuals,and improve the level of punishment file.We can refer to the punishment file of the crime of "illegally disposing of imported solid waste" and divide the crime of environmental pollution into three files,between the terms of imprisonment for negligence and negligence.Secondly,to perfect the fine penalty of the crime of pollution of the environment,firstly,the amount of fine penalty is defined in legislation,and secondly,the structure of fine penalty is reconstructed.Thirdly,the characteristics of the crime of environmental pollution should be highlighted in the penalty,and the public welfare work and remedy should be added to the penalty.