An Empirical Study On Criminal Liability Of Enterprises For Environmental Pollution Crimes

The crime of environmental pollution is the most important crime in the crime of environmental pollution.The crime committed by an enterprise refers to the act of seriously polluting the environment by discharging,dumping or disposing of radioactive waste,waste containing pathogens of infectious diseases,toxic substances or other harmful substances in violation of State regulations.In recent years,the phenomenon of environmental pollution crimes of enterprises is not uncommon.Many enterprises have been punished by criminal law because of illegal discharge,dumping,disposal of pollutants or entrust or sell pollutants to unqualified units or individuals for disposal.At present,in the aspect of bearing criminal liability,it reflects the characteristics of economy,diversity and complexity.At present,there are some problems in the identification of criminal responsibility for polluting environmental crimes.For enterprises themselves,the relationship between administrative punishment and criminal responsibility is fuzzy,the amount of fine has obvious differences in different regions,different cases;For the responsible personnel of the enterprise,there is an imbalance in the application of the principal punishment,the application of probation is more random,and the lack of criminal liability equity mechanism between the enterprise and the responsible personnel.On the whole,in terms of the criminal liability of enterprises for environmental pollution crimes,the types and application rate of supplementary measures of penalty are obviously insufficient,which is difficult to play a role in protecting and restoring the damaged ecological environment.In the characteristic of criminal incidental civil public interest litigation,the way of the responsibility of criminal liability is chaotic and the execution is not complete,which makes the effect of the responsibility of criminal liability not ideal.In order to realize effective prevention and punishment of environmental pollution crimes of enterprises,it is necessary to correctly evaluate the factors affecting criminal liability,unify the identification standards of enterprise subjects,consider the sole proprietorship enterprises and other special subjects from the essence,but also consider the correlation between criminal liability and administrative liability,consider the impact of pollution objects on criminal liability in different cases.It is necessary to standardize the standard of criminal responsibility discretion,construct the equity mechanism between the enterprise fine penalty and the principal punishment of the responsible person,balance the criminal responsibility of the enterprise and its responsible person,and carry out the concrete application of probation,so as to realize the sound development of the social economy and the enterprise.It is necessary to improve the application of supplementary measures of penalty and the execution of criminal responsibility in civil public interest litigation cases attached to criminal cases.For the former,it is necessary to increase the types and standardize the application,while for the latter,it is necessary to standardize the way of bearing criminal responsibility and establish a supervision and guarantee mechanism for the realization of criminal responsibility.Only in this way can the criminal liability of enterprises after they commit environmental pollution crimes be more scientific and complete.