The Research On The Criminal Legislation Of Water Pollution

As is known to all, water is the important strategic resources of national economyand people’s livelihood. Along with the development of economy, the damage caused bypollution is becoming more and more severe. To the problem of water pollution，countries generally deal with it through the administrative means and the civil meanswhich have obtained certain results. However, two methods have some limitations,which cannot completely satisfy the need of punishing water pollution. The criminalmeans as the last means of support, can play a better practical effect in the punishmentof pollution of water resources. However, defects of current criminal legislation on theprotection of water resources impede a more positive results to obtain by criminalmeans. This article has been discussed from the following chapters:The first chapter enumerates the current relatively accepted several concepts ofwater resources and analyzes the problems existing in the concepts. At the same time,according to the main characteristics and the values of the water itself, combining therelevant legislation, the connotation and extension of water resources should be defined.On this basis, the article sums up the main problems of water resources in our country atpresent stage, and gives the corresponding explanation.The second chapter analyzes the importance of the criminal means in the field ofwater resources protection. On the one hand, the traditional administrative means andthe civil methods have limitations in terms of protection of water resources; on the otherhand, the criminal means have the natural advantage on the protection of waterresources. So, these two reasons make the criminal means have to from behind thescenes to the front.The third chapter analyzes the ethical foundation of environmental criminallegislation. The article briefly expounds the two different ethical values formed in theprocess of protecting natural resources, and analyzes two different ethical values. Onthis basis, according to China’s national conditions, the chapter discusses the interests of the masses, the policy of the communist party of China, the formulation andimplementation of relevant laws and so on and put forward China’s legislative basis.The fourth chapter enumerates and analyses some countries’ legislation in thecommon law and the civil law to provide a reference for our country’s criminallegislation.The fifth chapter briefly discusses the historical evolution process of the protectionof criminal legislation of water resources in our country and emphatically analyzes theproblems existing in the protection of water resources at present stage.The sixth chapter puts forward the corresponding legislative ideas, includingadding the dangerous criminal pattern, setting up an independent water pollution sin,perfecting the relative auxiliary measures, etc.The conclusion gives objective evaluation from both sides.