Research On The Problem Of Joint Crime Of In The Crime Of Polluting The Environment

With the diversification of the crime patterns of pollution and environment in China,the joint crime of environmental pollution crime is showing increasing trend.Through the search of all the cases of the crime of polluting the environment from 2011 to 2017,it has been found that there have been 5528 cases of the crime of polluting the environment in the last seven years,of which there are 1781 cases of common crime,accounting for 34%of the total number of cases of the crime of polluting the environment,and the trend is increasing obviously every year.Since the inception of the crime of polluting the environment,the joint crime of pollution and environmental crime has always been the crux of the plagued criminal theory and judicial practice.On the one hand,the criminal law circles have not formed a unified conclusion on whether the crime of polluting the environment conforms to the conditions for the establishment of the common crime and whether the internal natural persons in the unit can become the subject of the common crime of the crime of polluting the environment and how to define the scope of the subject penalty of the common crime of the crime of polluting the environment.On the one hand,the judicial practice of the common crime of the same type of crime of polluting the environment has the practice of "different cases of the same case",and the judicial organs in various places have different standards for identifying the common crime of the crime of polluting the environment.In view of this,it is necessary to analyze the joint crime of pollution and environmental crime,and try to establish a set of standard rules system to effectively identify the joint crime of polluting the environment.This not only helps to solve the problem in theory,but also effectively shortens the gap between the theoretical research and the judicial practice of the crime of polluting the environment.The full text is divided into five parts:In the first part,by combing and analyzing the common crime cases in the crime of polluting the environment from 2011 to 2017 in China,we found the difficult problems to be solved in the common crime of the current pollution environment crime in our country.The author investigates 1781 cases of common crime in the crime of polluting the environment,and finds that the common crime of the crime of polluting the environment is the following several difficult problems:first,whether the crime of polluting the environment can set up a joint negligence crime,and the two is whether the unit and the natural person can establish the common crime of the crime of polluting the environment,and the three is how to define the pollution.The scope of punishment for the joint crime of environmental crime is four.The second part is mainly about whether the crime of polluting the environment can be established as a common crime.There are two completely different views on whether the crime of polluting the environment can be established in China’s criminal jurisprudence,that is,affirmative and negative.The affirmative scholars believe that the establishment of the crime of common negligence in the crime of polluting the environment can not only fit the needs of the ecological environment to protect the social development and the judicial practice from the ecological environment,but also be of great significance to the theory of improving the traditional common crime in our criminal law.It does not accord with the conditions of joint crime.It does not recognize the joint negligence crime,nor does it recognize the joint crime pattern of intent and negligence.This paper holds a positive attitude to whether the crime of polluting the environment can establish common negligence crime,and demonstrates the subjective aspects of the pollution environment,the punishment basis of the joint crime and the criminal policy of the ecological environment protection in three aspects.The third part mainly analyzes the difficult problem of whether the natural person and the unit can establish a joint crime of polluting the environment.For this proposition,there are two different viewpoints in the criminal law circles of our country.Some scholars believe that the unit is different from the natural person.The unit can not have the ability to recognize and control the crime.It can not become an independent subject of crime,and it is not likely to conform to the establishment of the common crime;and the scholars believe that the unit crime is an objective reality,the social harm is big,and the nature should be recognized.A person and a unit can set up a joint crime together.When exploring whether a unit or a natural person can establish a joint crime of polluting the environment,it is particularly important to identify the type of rules.Besides,it should also focus on whether the natural person in the unit broke through the criminal will of the unit and independently implemented the serious pollution of the environment.If the natural person inside the unit completely breaks through the will of the unit crime and becomes an independent subject of the crime,the three types of crime of pollution of the environment are all conforms to the crime of "the natural person within the unit+unit","the natural person within the unit+internal natural person" and "the internal natural person in the unit+unit external natural person".In other words,if the natural person within a unit does not break through the unit’s criminal will when carrying out the crime of seriously polluting the environment,it does not exist as an independent criminal subject,that is to say,"the natural person within the unit+unit","the internal natural person within the unit+unit." The joint crime of three types of environmental pollution crimes,namely,the "natural person" type,the "unit natural person+unit external natural person" type,can not be established.The fourth part mainly defines the scope of punishment for the crime of joint crime of environmental pollution.In the unit crime of the crime of polluting the environment,the unit’s criminal will is often reflected by the criminal behavior of the investment supervisor who is directly responsible for the personnel,while the non investment managers often carry out the serious pollution-contaminated environment under the instruction or instruction of the investment managers.Whether or not there is a joint crime of polluting the environment,it has different characteristics.In a word,under the premise of not breaking through the will of the unit crime,the investment supervisor is not likely to commit a crime jointly with the unit of the crime of polluting the environment.The non investment supervisor should carry out the crime of seriously polluting the environment because it is under the instruction of the investment Supervisor.Therefore,the crime should be rationally identified as pollution.The unit crime of the crime of environmental pollution is punished according to the punishment rules of the unit crime,and it is not to be punished as the subject of the common crime of the crime of polluting the environment.As far as other responsible personnel in the unit are concerned,the hired transport or carrier,although it has carried out the act of help objectively,has business neutrality and does not produce any social harmfulness,so it should not be punished as the owner of the common crime of the crime of polluting the environment.The practice of production and processing is the concrete embodiment of the will of the unit crime,and has not become the category of breaking the will of the unit crime and becomes the independent subject of crime.Therefore,it should not be punished as the subject of the common crime of the crime of polluting the environment;the site or the equipment lessor is aware that others want to carry out serious pollution.When the environment is harmful,its own site or equipment is still rented to others,and it should not be punished as the subject of the common crime of the crime of polluting the environment.The fifth part,based on the theory of the first four parts,combs and integrates the basic theories of the common crime of the crime of polluting the environment,and hopes to build a set of standard rules system to effectively identify the common crime of the crime of polluting the environment.In addition to investigating the crime of pollution,the joint crime is subjective,subjective and objective.