About Significant Environmental Pollution Accident Crime Legislation Pefect Ponder

As the new legal department, the environment law already initially formed in our country by the constitution, the environment protection method, the criminal law, the administrative rules and regulations and the rules and regulations, the local laws and r regulations and the rules and regulations as well as the environmental protection policy and so on .The environmental protection legal framework which was composed,simultaneously our country environment crime legislation finally has also established the pollution environment crime system.But in the present environment criminal law legislation also has some to be worth studying and treating in the solution question,specially to the significant environmental pollution behavior is intentionally the behavior or the negligent act, is the danger violates or finally violates, is puts in the dangerous material crime by the significant environmental pollution accident crime to determine guilt the punishment, causes the intense argument.This article through to Cao Baozhang the document analysis and the commentary, obtains to the significant environmental pollution be havior should put in the dangerous material crime by the significant environmental pollution accident crime to determine the nature of, all has the unreasonable place: If put in the dangerous material crime place penal regulations to violate our country to pollute the environment crime the legislation original intention; If has the deficiency by the new criminal law in significant environmental pollution accident crime place penal regulations, because in this case the author has the intentionally pollution and the destruction environment behavior obviously, but by no means error, moreover, the law profit which encroaches from the environment crime looked more importantly the environment crime should be the danger violates.This article from this drew out the question which the significant environmental pollution accident crime existed and analyzes proposed solved the question mentality and the countermeasure.This question solution regarding safeguards citizen's environment rights and interests, the safeguard general populace's basic interest, has the vital significance, is persisted the science development view the basic request, is advantageous in the socialism harmonious society constructs.This article altogether is divided three chapters.First chapter, case and legal analysis.The main introduction case, the legal analysis preliminary discussion analyzed the significant environmental pollution accident crime to constitute the important document and the characteristic; Elaborated the significant environmental pollution accident crime to be supposed to violate for the result, but the significant enviromental pollution and the act of sabotage all had to arrive by no means have the result only then to have the social hazardous nature, has analyzed the domestic and foreign scholars the viewpoint which whether violated to the environment crime danger; Proposed dispute the focal point to this case, introduced it and delivery dangerous material crime something in common; Has analyzed the significant environmental pollution accident crime and between the delivery dangerous material crime legal conflict, and significan t environmental pollution accident crime itself exists legal conflict.Second chapter the main question of the existence of flow cases, the source of the analysis, pointing out that the crime of a major environmental pollution accident of the fundamental questions of existence is the value of the concept of environmental legislation.Third chapter mainly proposed the significant environmental pollution accident crime legislation perfect mentality and the countermeasure. The author thought the consummation significant pollution and the destruction environment crime legislation should persist the correct guiding ideology deference environment crime unique principle, the addition danger violates, optimized criminal law disposition.Thus attacks the environment crime effectively, the protection and the improvement environment, promotes the human and the natural harmonious development, finally creates a happy life and the survival environment for human oneself.The trust along with the human environmental protection consciousnes enhancement, along with the science development view and harmonious idea thorough, our country criminal law also can further impel and the consummation significant environmental pollution accident crime legislation, by attacks the environment crime effectively, safeguards citizen's environment power, the construction socialism harmonious society.