The Dilemma And Approach Of Judicial Interpretation And Application Of Environmental Pollution Crime

There are still a lot of disputes about the judicial identification of environmental pollution crime.The following dilemmas exist in the application of the 2016 Interpretation of Several Issues concerning the Application of Law to the Handling of Environmental Pollution Criminal Cases(hereinafter referred to as the 2016 Interpretation of Environmental Pollution)issued by the Supreme People’s Court and the Supreme People’s Procuratorate.First,the identification boundary of the crime of environmental pollution and the crime of releasing dangerous substances is not clear,and there are different sentences in the same case;Second,there are differences in the understanding of "serious pollution of the environment".The standards for criminalization of behavior and results are applied at the same time,resulting in the identification of the established form of environmental pollution crime is not uniform.Therefore,similar cases have different criminalization standards in the judicial practice process and different results.Third,the event that is not necessarily related to environmental pollution is identified as "serious environmental pollution".In the consequential elements of the crime constitution,both ecological legal interests and personal property legal interests are protected.The scope of its regulation spans multiple legal interests at different levels,and the behaviors infringing on different legal interests are regulated under the charge of environmental pollution crime.The scope of regulation tends to be pocketed and the scope of regulation is unclear.Based on the specific provisions of the judicial interpretation of environmental pollution crime in 2016,the paper discusses the causes of the above predicament from the standpoint of the protection benefits of environmental pollution crime and the perspective of crime constitution.First,the protection benefits of environmental pollution crime are not clear;Second,there are differences in the judgment of "seriously polluting the environment";The third is the improper provision of the crime of profit through administrative punishment and infringement of personal property law.On this basis,the paper puts forward that under the premise that the protection law interest of environmental pollution crime is the ecology-centered legal interest,it makes clear that the established form of environmental pollution crime is the consequential crime and distinguishes the boundary between this crime and other crimes under the guidance of the ecology-centered legal interest view,some behaviors infringing on non-ecological legal interests are excluded from the regulation scope of environmental pollution crime.