A Study On Attempted Disposal Of Environmental Pollution Crime

In 2019,the Supreme People’s court,the Supreme People’s Procuratorate,the Ministry of public security,the Ministry of justice and the Ministry of ecological environment jointly issued the minutes of the Symposium on issues related to handling criminal cases of environmental pollution,which made it clear that there was an attempt to commit the crime of environmental pollution.According to the provisions on the crime of environmental pollution in Article 338 of China’s criminal law,compared with the crime of environmental pollution constituted by the act of "illegal discharge and dumping",when the crime is constituted by the act of "illegal disposal",it belongs to the crime of environmental pollution of disposal type.At present,there is little theoretical research on the attempted disposal of environmental pollution crime in the field of criminal law,and there are differences in the identification and treatment of the attempted disposal of environmental pollution crime in judicial practice.In order to solve the above problems,this paper points out the disputes in the determination of attempted disposal of environmental pollution crime,analyzes them,and puts forward judicial suggestions.To correctly identify and deal with the attempted form of disposal type environmental pollution crime,we must define the disposal type environmental pollution crime.Disposal type environmental pollution crime refers to the behavior of illegally disposing toxic and harmful pollutants and placing them in the external environment in violation of national regulations,which seriously pollutes the environment.Clarify the logical relationship between "disposal" and "discharge" and "dumping".In fact,"disposal" is an exhaustive provision in addition to "discharge" and "dumping".On the basis of clarifying the protection legal interests and crime types of the disposal of environmental pollution crime,through the introduction of practical cases,this paper analyzes the controversial issues and analyzes them.Firstly,in the identification of illegal disposal behavior,it demonstrates the judgment standard of "illegal" and the types and manifestations of disposal behavior.Secondly,in the identification of "starting",combined with the theory,the "starting" of the disposal of environmental pollution crime should first comply with the basic principle of "starting";The second is that the content and starting point of disposal behavior must consider the relevant provisions of the pre emption method;The third is to consider the impact of environmental criminal policy factors on hand boundary points.Thirdly,on the identification of the "failure" of the crime,combined with the theoretical disputes,this paper analyzes and demonstrates the manifestation of the "failure" of the crime and the explanation of "serious environmental pollution".Finally,combined with the new amendment of the criminal law amendment（11）,this paper introduces the disputes existing in the attempted form of the aggravating circumstances of the disposal type environmental pollution crime and the identification of the attempted form of different types of aggravating circumstances.