The Research Of Environmental Pollution Crime

With the rapid development of our social economy and the acceleration of urbanization construction,the situation of environmental pollution becomes more and more serious which has became an obstacle that impede the sustainable development of our society.In recent years,amounts of vital environmental pollution events have caused a major threat or damage to people’s life and property,such as the water contamination accident of Petrochina Changqing oilfield branch,Henan "sewage irrigation fields" event and the fog haze weather all around our country.The 18th National People’s Congress has promoted the importance of ecological civilization to a new height.As the strictest law,penal law play an important role in penalizing environmental pollution crimes by virtue of its own deterrent power.The amendment of the criminal law of the People’s Republic of China(eight)changes major environmental pollution accident crime into environmental pollution crime.Legislators hope that through lowering the threshold of environmental pollution crime conviction and expanding the scope of application,the environmental pollution behaviors could be regulated better.Although the modification of environmental pollution crime increases the strength of crackdown of environmental pollution behaviors,but it still exists many controversial issues need to be solved.Thus,it’s necessary to research environmental pollution crime and related issues.This paper discusses controversial issues about environmental pollution according to domestic and foreign literatures and elucidates my own idea on the basis of summarizing related theories.This paper includes three parts:the introduction,the body and the conclusion.The first chapter summarizes related contents of environmental pollution crime.This part mainly introduce the legislation history process of environmental pollution crime and the legal interest it protects.First,the paper summarizes the changing process from the environmental pollution accident crime in 1997 to the environmental pollution crime in 2011.Then the paper introduces three theories about the legal interests of environmental pollution crime and compares it with the legal interests of environmental pollution accident crime in order to find the change.The second chapter define controversial issues about environmental pollution under legislation frames.First,this paper expounds the different opinions about environmental pollution crime pattern from current scholars and analyses the reasons why environmental pollution crime is not the behavior crime,the result crime and the dangerous crime and why environmental pollution crime belongs to the plot crime.Second,the paper introduces three theories about subjective sin of environmental pollution crime and analyses the deficiencies of fuzzy crime theory and negligence theory.Then the paper justify the rationalities of intention theory and discusses the if the doctrine of strict liability fixation can be applied to the environmental pollution crime.After that the paper elucidates reasons why I object to the doctrine of strict liability fixation.Third,the paper compares the environmental pollution crime and the hazardous substance throw crime in order to find similarities and differences and discusses the differentiation,competition and cooperation between the two crimes.The third chapter poses questions about the beingness of environmental pollution crime aim at it’s current situation including the low statutory sentence,few fine the single kinds of punishments and the imperfect charge system.Then the paper promotes some suggestion to this problems.The specific measures include that increasing statutory punishment,intensify punishment,definite the amount of fine,improve the system of perform,establish diversified ways of punishment,detail the crimes and perfect the system.