Research On Judicial Application Of Disposal-type Environmental Pollution Crimes

Amendment to the criminal law of the People's Republic of China(eight)at the beginning of the set,in order to guarantee the stability of the criminal law and weeks ductility,keep the provisions of the criminal law generality and simplicity,lawmakers based on legislation technology,chose the " disposal " on the semantic,open and inclusive the constitutive requirements of elements as one of the practice of environmental pollution crime behavior.However,with the increasing diversification of "illegal disposal" behavior in practice,and under the guidance of the criminal policy of severely cracking down on environmental crimes,the vagueness of the denotation of "illegal disposal" behavior makes it essentially have the nature of the provision of environmental pollution crime.Associated with the Supreme People's Court of the Supreme People's Procuratorate in 2013 and 2016 on the deal with environmental pollution criminal cases to explain some issues of applicable law(the following respectively according to the interpretation of 2013 and 2016 "explanation")has not been made clear the specific meaning of "disposal" behavior of explanation,and failed to fully consider the illegal disposal and illegal dumping,emission behavior differences between the degree of illegality,so can't give full play to its refining the criminal law provisions and guide the practice operation,avoid break the function of justice,It leads to great difficulties and controversies in the identification of "illegal disposal" in judicial practice.Through investigation and analysis of the specific case,found that a large number of actual judicial practice has not been serious environmental pollution,and even not yet released to dangerous substances in the disposal of the behavior of the external environment,because they meet the regulations of the judicial interpretation,it is considered to conform to the constitutive requirements of crime,environmental pollution,in turn,be to dispose of crime of environmental pollution.However,this kind of too formal judgment standard is not only easy to cause the judicial risk of improper entry into the crime,but also difficult to be consistent with the environmental pollution crime protection law interests.Therefore,in order to avoid the risk of improperly committing the crime of disposal-type environmental pollution in practice,it is urgent to explain and clarify the essential meaning of "disposal" and the identification standard of the crime of disposal-type environmental pollution.The content of this paper is divided into three parts.The first part is the investigation and analysis of the judicial application of the crime of disposing environmental pollution.At the macro level,the author analyzes the overall situation of judicial application of the crime of disposal-type environmental pollution since1997,when Criminal Law first stipulated the crime of disposal-type environmental pollution until the implementation of judicial interpretation.At the micro level,through the statistical analysis of practical cases,summarizes the treatment of the current situation of environmental pollution crime of judicial application,the practice will be understood as "illegal disposal" is one of the most broadly handling illegal behavior,understanding of its denotation over-expansion,and to the serious environmental pollution that is too formal,lack of substantive proof and standards.Through the investigation of practical cases,this paper summarizes the problems in the application of the crime,that is,the non-uniform judicial application and improper expansion of the criminal penalty boundary.In addition,the author analyzes the reasons for the application of the crime of disposal-type environmental pollution.The author believes that there are three main reasons,that is,the legal interests of the crime of disposal-type environmental pollution are not clear,it is affected by the environmental criminal policy,and the crime lacks a clear and restrictive explanation.The second part is the protection legal interest of the crime of environmental pollution.On the one hand,the ambiguity of the interests of the protection law of the crime of environmental pollution by disposal is one of the reasons for its judicial application.On the other hand,the interpretive theory and the function of criminal policy of legal interest itself can not only provide guidance for the interpretation of criminal law,but also reasonably limit the excessive interference of criminal policy in the application of criminal law.In other words,the protection of legal interests of the crime of disposing of environmental pollution can play an important role in the judicial application of the crime and the interpretation of criminal law,so it must be clarified.Therefore,the author expounds and analyzes the legal interest view of pure anthropocentrism,pure ecocentrism and modern anthropocentrism which mainly exist in the field of criminal law at present,and on this basis demonstrates the rationality of the legal interest view of humanism.The third part is the normative path of judicial application of the crime of disposing environmental pollution.The theoretical problem reflected by the characterization that the judicial application of the crime of disposing environmental pollution is seriously affected by criminal policy is actually the relationship between criminal law and criminal policy,including two aspects of "criminalization of criminal policy" and "criminalization of criminal policy".In order to avoid the excessive interference of criminal policy on the application of criminal law,the criminal dogmatism should be used to explain the crime of disposing environmental pollution in order to realize the necessary restriction of "criminal policy of criminal law".Under the background of the current criminal law system and judicial application in China,it is advisable to construe the crime of disposal-type environmental pollution.Specifically,illegal disposal refers to the behavior of handling and using harmful substances and placing them in the external environment in violation of national regulations,thus causing the degradation of environmental quality." Serious environmental pollution refers to the phenomenon or state that seriously exceeds the self-purification capacity of the environment and releases polluting substances into the environment,resulting in a serious decline in environmental quality and a significant adverse impact on the survival of human beings.Therefore,the crime of disposal-type environmental pollution refers to the behavior of treating and using harmful substances and placing them in the external environment in violation of national regulations,which seriously exceeds the environmental self-purification capacity and causes a serious decline in environmental quality.After clarifying the boundary of the entry and exit of the crime of disposal-type environmental pollution,the author sorts out its specific identification rules.