On "Serious Pollution Environment" In The Crime Of Pollution Environmental

"Serious pollution of the environment" can be described as "environment has been seriously polluted", can also be expressed as "acts of environmental pollution is very serious". The former is the environmental pollution caused by the behavior of the dangerous state of limiting description, the latter is limitations imposed criminal acts of environmental pollution. Interpretation and application of "serious pollution of the environment" should be both clarity and certainty:the former requires interpret the concept of guilt, whereby constraint presentation of legislators, and confine structure constituted crime inside; the latter requires that "serious environmental pollution," should standard from the perspective of the judicial application, limits the perspective of criminal behavior itself and the scope of the crime constituted external, will prevent legal norms used by justice abstract outside the range."Serious pollution of the environment" instead of "Significant environmental pollution accident, causing serious consequences for public and private property suffered significant losses or personal injury or death," reducing the threshold to incriminate environmental pollution crime, expanding the scope of punishment. But there are many differences about understanding of its concept refers to the results of real harm of environmental pollution or environmental pollution dangerous state. What the reason is:First, the semantic change relating to environmental pollution is an objective reality, definition of environmental pollution within the scope of criminal law can refer to the field of environment and resource protection law of environmental pollution. Second, the theory of the "serious pollution of the environment," mix the interpretation of conflict and contradiction. Finally, the functional value of "Interpretations law on environmental criminal case" is extremely limited. This is the main reason causing the theoretical differences.The types of behavior and subjective guilt of the crime can clarify "serious pollution of the environment". First, subjective fault in "serious environmental pollution," can not be understood as mere negligence or intentional, but a mixture of both sin, either embodied overconfident negligence or indirect intent, which consistent with judicial practice unit crime "rational" calculation under the subjective will. Second, environmental pollution crime is particularly dangerous crime, feature of "serious pollution of the environment" has real degree of danger, the presence, the absence or specific level degree of danger depend on the comprehensive judgment on specific circumstances, including the results (statutory plot). Third, negligence dangerous crime may also exist, although we insist on mixing sin and specific hazards crime. After the degree of malignancy of mixed subjective is greater than pure criminal negligence, negligence and therefore we should distinguish from that negligence criminal requires real harm results in determining the starting point of criminal law.After clearing the above theoretical issues, determine the standard of "serious environmental pollution" should by the angle of. Judicial application. First, we must accurately distinguish between environmental pollution and crime trafficking dangerous substance crime, the target range of the latter mainly showed:the implementation of specific family members, specific employees of the company, and specific members of the community. Moreover, motive for the crime is not the same, environmental pollution are more in the pursuit of economic interests. In addition, the content and the types of the evidence used as the cross-examination of two crimes are not the same, the former focused on maximum allowable emission multiples over national law, and disposal of hazardous substances involved in weight, while the latter focusing on specific sources of harmful substances, species composition, performance, acting dosage and route of functioning. Secondly, Whether harmful substances emission behavior by the implementation of employment, dumping or disposal constitutes complicity in the crime of environmental pollution can be investigated from the following aspects:whether to participate individually significant workflow, whether on illegal sewage mean between employers and employees over communication, Whether hired for concurrently supervision and management responsibilities, whether this behavior maintain stability or not. If each person has a common negligence in violation of attention meant contact, fails to perform mutual monitoring obligations resulting to environmental pollution hazards result, which constitutes negligence accomplice. Finally, aggravated result of environmental pollution delays, the current method of calculation of the statute of limitations period may lay polluters on the table. Polluter criminal liability was shelved, if apply to calculation of the current statute of limitations period. Statute of limitation period resumes recalculate from the date of the aggravated results.