Research On Judicial Determination Of Environmental Pollution Crimes

With the gradual enhancement of public awareness of environmental protection,environmental protection legislation has been put on the agenda.China initially established the crime of major environmental pollution accident,and changed it into the crime of environmental pollution in 2011 to regulate the behavior of environmental pollution.In 2013 and 2016,the Supreme People's Court and the Supreme People's Procuratorate successively issued relevant judicial interpretations on the crime of environmental pollution,indicating the judicial application of the crime,clarifying the specific standards of the crime,and increasing and standardizing the application of the crime.However,there are still some deficiencies in legislation.In judicial practice,disputes often occur.Starting from the provisions of the criminal law and combining with the actual cases,this paper identifies the judicial application of environmental pollution crime,in order to improve the legal regulation of environmental pollution behavior and solve the controversial problems in judicial practice.This paper is divided into four parts:The first part of the paper,based on the legal provisions,introduces the legislative evolution of environmental pollution crime from two aspects:the evolution of legislation and the legislative change of crime.Taking the promulgation of judicial interpretation in 2013 as the time node,it expounds the application of environmental pollution crime from two stages of the application of environmental pollution crime.From the perspective of legislative evolution,China's relevant legal provisions on this crime are gradually improving,but there are always deficiencies.Generally speaking,the amendment of environmental pollution crime expands the scope of conviction,reduces the standard of conviction,and increases the intensity of punishment.The introduction of the two judicial interpretations also promoted the use of this charge in judicial practice.The second part analyzes the subjective aspects of environmental pollution crime.There are many related theories on the subjective aspect of this crime.At present,the main arguments in the judicial practice are the theory of intention and negligence.This paper expounds the subjective aspect of this crime,and analyzes the relevant terms in the legal provisions.It thinks that it is more reasonable to adopt the theory of intention in the subjective aspect of this crime,and expounds the principle of subjective intention.The third part analyzes the objective aspects of environmental pollution crime.Based on the legal provisions,this paper analyzes the pollution behavior,damage consequences,pollutants and the behavior structure of this crime.For "disposal"behavior,it should be understood as all the treatment behavior of pollutants including "utilization".When determining whether the behavior of the actor is illegal disposal behavior,it should be judged according to the definition and the actual situation.This paper distinguishes the illegal disposal behavior from the rational use behavior,and puts forward some opinions on the judgment of "serious environmental pollution".The scope and identification standard of "pollutants" are expounded.In view of this crime behavior structure dispute,this article proposed the introduction plot crime's concept,and explained this crime's plot crime's attribute.The fourth part analyzes the identification of joint crime and unit crime of environmental pollution crime.The application of joint crime of environmental pollution in judicial practice is less.This paper puts forward the relevant principles from the subject identification principle,subjective identification principle and causality identification principle of joint crime of environmental pollution.This paper analyzes the judicial application of environmental pollution unit crime,and puts forward the identification method of unit crime.