Research On The Issue Of The Forms Of The Crime Of Polluting The Environment

The construction of ecological civilization is a millennium plan for the sustainable development of the Chinese nation.Practicing that green water and green mountains are golden mountains and silver mountains,establishing a system for strict protection of the ecological environment,and always achieving harmonious coexistence between man and nature,and insisting on respecting,conforming and protecting Naturally,it is conducive to the construction of our country’s ecological civilization.The "Criminal Law Amendment(8)" was implemented in 2011.For environmental criminal law research,the most noticeable change is to delete the original crime of major environmental contamination accidents and replace it with the crime of environmental contamination,but it does not specify the offense of environmental contamination.The modus of guilt of the crime,and the expression of the provisions can not be determined,which leads to great differences in the determination of the guilt of the crime of environmental contamination in judicial practice.This situation damages the authority of the rule of law and impairs judicial justice.This article consists of four parts.The first chapter an overview of environmental contamination crimes.This chapter introduces the background,research significance and research methods of this article’s research on environmental contamination crimes.The literature review chapter introduces the academic literature referred to in this article,which provides theoretical support for the subsequent research.The second chapter presents the dispute of the modus of the crime of contamination of the environment in my nation,including the dispute of the theory of criminal law and the divergence in judicial practice.The third chapter analyzes the reasons for the dispute in the modus of the crime of polluting the environment.Through the vague enumeration of legislation,the interpretation of theoretical disputes and the analysis of practical disputes,this chapter clarifies why my country is currently controversial in determining the modus of the crime of environmental contamination.In the fourth chapter,combined with the previous analysis,the author advocates the adoption of double sin,and combined with case interpretation to adopt the rationality of this doctrine.Through the research on the characteristics of environmental contamination crimes and the consideration of the factors determining the modus of crime,and on the basis of reasonable absorption of foreign legislative experience,the author believes that the current judicial practice in my country is the most appropriate way to determine the modus of crimes of environmental contamination.way of doing.