On The Judicial Determination Of The Crime Of Environmental Pollution In China

At present,the judicial determination of the crime of environmental pollution not only fails to reflect the current criminal policy of "temper justice with mercy" for conviction and sentencing,but also there is confusion about the elements and cognizance standards.At this stage,China is at the key node of the Ministry of historical development,and the level of national economy has been significantly improved.The increasing number of cases of environmental pollution caused by various types of use of network technology and emerging synthetic manufacturing technology makes the staff more at a loss in the face of confused and mixed theories and unclear provisions.This paper analyzes the object,causality,subjective aspect and joint crime of the crime of environmental pollution,dialectical analyzes the argument in practice and academic discussion,and puts forward some ideas of its own.The first chapter discusses the legislation of the crime of environmental pollution and the macro situation of its cognizance.From the analysis of the background and historical evolution of the crime,it is not difficult to find that although the current normative documents on the crime have become more and more perfect,there are still common reasons in the process of application of the identification,which lead to the inconsistent views,such as because of the concealment and universality of the crime,many cases have doubts about the causal relationship.The second chapter discusses the identification of the object of environmental pollution crime.Starting from the controversial point of view,through the analysis of some typical cases and theoretical discussions in judicial practice,the author believes that the object of this crime is a compound object composed of the administrative order,the necessary survival and development interests of human beings,and the interests of natural ecological environment,which has corresponding levels.The third chapter discusses the subjective aspects of the crime of environmentalpollution.Through the analysis of the views discussed in the academic circles and the summary of the judicial practice,the author believes that the identification of this crime in the subjective aspect should adhere to the point of view of intention,and a clear recognition can better improve the rationality in the identification.The fourth chapter discusses the determination of causality of the crime of environmental pollution.Through the analysis of three different opinions in the specific practice cases,combined with the theoretical discussion of the problem.The author believes that the determination of causality of this crime should also be compound,which should be combined with the complex object and complex characteristics of this crime.The fifth chapter discusses the identification of the accomplice of environmental pollution crime.Due to the fact that there are still some ambiguities in the specific practice cases and academic circles of this crime in the identification of aiding behavior in the accomplice behavior,this paper analyzes the aiding behavior into three more common types of behavior,and chooses the way of breaking one by one to clarify the ambiguities in the identification of aiding behavior in this crime.