The Rebuiding Of Enviroment Pollution Crime

With economic's development, increasing environmental problems, and continuely strengthen of the international community, to take the penalty means to protect the environment and improve the environment criminal law legislation becomes a trend.The United Nations in 1990, the 8th Prevention of Crime and the Treatment of Offenders, has made a "resolution with the criminal law protection of the environment, that means the international community's awareness of enviroment criminal law protection is constantly reinforced. By contrast, China has also amended the Criminal Code in 1997, it consolidated and amended Water Pollution Control Act, Air Pollution Control Act and other laws by analogy with the major water pollution legislation to establish the crime incidents, crime and serious atmospheric pollution accident violation of the provisions of the collection, storage and disposal of solid hazardous waste, an additional of seriously environmental pollution accident crime, solve some justice practical problems. Due to a number of inherent deficiencies,some problems are still to be solved. The Criminal Law Amendment VIII on Feb 25th,2011,and the new judicial interpretation on Apr 13th,2011 modified seriously environmental pollution accident crime's legislative representation and renamed it as environment pollution crime, however, there're some old shortcomings to go.In modern anti-enviromental pollution criminal laws, there are two ways of legislation, mixed mode and independent modern, China's current legislation is the former.Due to the effection of foreign enviroment protection practice, this paper tries to rebuid the seriously environment pollution accident crimes in independent mode. This article is divided into four parts, the outline and defection of the environment pollution crime, two ways to rebuild this crime and author's comments,and finally the author's concrete idea about rebuilding this crime. The first part is mainly about the legislative background, text interpretation and interpretation of the general characteristics of the environment pollution crime; the second part discusses the current legislation of the shortcomings of the crime; the third part of the current academic sector for the crime of environment pollution crime of two different ideas, put forward the idea of the author; fourth part will be the reconstruction of this crimeFor the new amendment do not solve all the defectives above. By writing this article in a new way, hoping to providing new ideas for future legislative changes.