On The Crime Of Serious Environmental Pollution Accident And Its Legislation Improvement

The crime of serious Environmental Pollution Accident is a very important and complicated crime in Criminal Law. There exists a bitter controversy in theories and a lot of problems in judicial practice since the Criminal Law 1997 was promulgated. Facing the increasingly environmental deterioration, it is necessary to make a comprehensive and systematic study on the form and cause of the crime.The paper is composed of the following parts.The first part introduces the legislative evolution of the crime of serious environmental pollution accident in accordance with progress from the year 1979 to 1997.The second part elaborates on the features of the crime of serious Environmental Pollution Accident according to the common features and substantive features. The common features are reflected by the subservience to administration and public nuisance. The substantive features are reflected by the constitutive elements of crime. The substantive features of the crime are reflected by the constitutive elements of the crime. The constitutive elements of the crime are as follows: First, as for the subject of the crime, the paper mainly make analysis on the legitimacy of the units and the integrity in the course of determination since units are old hand. The second is about the subjective faucet of the crime. By drawing comparisons of on all kinds of viewpoints, the paper put forwards the subjective faucet of the crime is negligence of intention. Meanwhile, against scholars in door claim that "strict liability" should bring in the crime, the paper point out it is not suitable to bring in "strict liability". As for the objective, seeing that the concept "the environmental right" has some special meanings which have been universally accepted by the international world, and "environmental right" conforms to the concept of "the Theory of Conformation of Legal Interest", the author agrees with the theory of "environmental right". Regarding to the objective facts, the paper sets forth from three aspects, which are the standard of the conduced itself, the standard of the conduct aftermath, the standard of the consequence. With regard to the presumption of causality, the author suggests that it can be delimited by the judicial interpretation.The third part elucidates the legislation drawbacks of the crime of serious Environmental Pollution Accident. The paper puts forwards three defects which are the finiteness of protective range, the finiteness of protective extent, the unconscionanility of criminal penalty arrangement. Those questions all root from the lack of environmental criminal law's values and legislative thought, which expresses as parochial humanism and the standard at aftermath.The fourth part is about the legislation constitution of the crime of serious Environmental Pollution Accident. As for the range of environmental criminal law protection, the author suggest the serious light pollution, noise pollution should be involved in the criminal law. As for the protective extent of environmental criminal law, the potential dangerous defense of serious environment pollution should be built into this crime. Furthermore, the paper give some reasons for the feasibility and necessity of the built of the potential dangerous defense. Lastly, the system of fine should substitute ratio fine for unlimited fine, and enhance the use of criminal penalty for restoring environment.