Legislative Improvement Of Environmental Pollution Crime In The Perspective Of Modern Anthropocentric

With Chinese reform and opening up and the market economic system gradually being established, our country economic rapidly develops. Meanwhile, Chinese environment problems are increasing. In order to deal with the worsening environmental problems, Criminal Law of the People's Republic of China in 1997 designed the Crime on Major Environmental Pollution Accident. The Crime on Major Environmental Pollution Accident received the academic attention from being established. Along with the environmental problems further deterioration and serious environment pollution incidents occurring frequently, the rationality of the crime is questioned further by everyone. The judgment in the case of Yancheng "2.20" water pollution in 2009 is questioned further the rationality of this crime. In order to find out the problems of the Crime on Major Environmental Pollution Accident in the case, this article begins with the judgment in the case of Yancheng "2.20" water pollution in 2009, analyses the causes that the case is sentenced to the Crime on Throwing Dangerous Substance, and proposes advice on the basis of the analysis the problems of the Crime on Major Environmental Pollution Accident in the case and in combination with the latest criminal law amendment eight. In order to deal better with the similar case in future, it contrasts the perfected Crime on Major Environmental Pollution Accident and the Crime on Throwing Dangerous Substance at the end of the article.The first part leads to the source of the problem according to the case of Yancheng "2.20" water pollution in 2009, analyses the causes that the case is sentenced to the Crime on Throwing Dangerous Substance, and draws the existing legislation problems of the Crime on Major Environmental Pollution Accident reflecting obviously in the case.The second part analyses traditional crime legislation value orientation and new value orientation in environmental pollution crime and the object in these two kinds of values, proposes the modern anthropocentric, and analyses and establishes the new object in the environmental pollution crime.The third part put forward suggestions in modern anthropocentric: cancelling consequential offense and setting up potential damage offense, adding intentional crime and perfecting criminal punishment. The forth part mainly deals with the constitutive elements of the perfected Crime on Major Environmental Pollution Accident, and distinguishes the crime and the Crime on Throwing Dangerous Substance in legal theory and practice.