Analysis And Legal Improvement Of Water Pollution Case In Yancheng, Jiangsu

This paper is a type of case analysis paper.Environment is concerned with human survival. In recenT years, environmental pollution is serious, and environment pollution accidents frequently occur, but environmental criminal law in reality is lagging behind, unable to combat crime of environmental pollution and protect the environment. Therefore, this article by the dispute larger JiangSu YanCheng water pollution in this case for case study, and puts forward the perfect environment criminal law proposal. This paper first introduces the basic situation and the case, then the crime from the four aspects of the elements of a serious environmental pollution accident of sin and put on the dangerous material sin on analysis respectively, and discusses mainly the differences. On the basis of the defendant in the case of qualitative behavior law is analyzed and a conclusion. Finally, this paper expounds a serious environmental pollution accident crime in the defects existing in the current legislation, and, as a result, the author puts forward the Suggestions of perfecting sin.This article contains six parts, feed as follows:The first part is the cause of action:water pollution case in YanCheng, JiangSuThe second part is the merits of introduction. Briefly introduces the basic situation of water pollution case in YanCheng, JiangSu.The third part is the focus of controversy of the case. About this case in which the defendant Mr.Hu, Mr.Ding should make up what crime, public media, law scholars and many Internet users have a two ideas:a view the "sure." which means in favor of the decision of the court, think Mr.Hu. Mr.Ding behavior constitutes on the dangerous material sin; Another view the "negative", that is. not in favor of the decision of the court, think Mr.Hu. Mr.Ding behavior constitutes a serious environmental pollution accident of sin.The fourth part is the focus of legal analysis in this case dispute. The crime with four elements for clues, in turn, analyzes the dispute this article focus of the two crime involved-major environmental accident crime and put on the dangerous material sin. and on this basis, the distinction between the two crime in the object, the main body, the objective aspects of the subjective aspect, there are different. Finally, to Mr.Hu. Mr.Ding behavior for qualitative analysis, consider Mr.Hu, Mr.Ding’s behavior are not constituted a serious environmental pollution accident sin, and are not constituted a on the dangerous material of sin.The fifth part is the conclusion of the case. First, through the analysis of the above conclusion:the defendant shall be innocent, but to add to the administrative punishment units and individuals. Second, the deep research of the current criminal Saw provisions in a serious environmental pollution accident the defects of sin and loopholes, such as subjective and crime pattern and legal punishment is inadequate. Finally, in view of the existing major defects of this crime, the author puts forward to modify and improve the criminal legislative Suggestions, For example, the proposal will propose that will environmental pollution environment resources belong to sin crime read separately; subjective aspects in the modification of the fault liability is given priority to, assisted by strict liability; modify the crime form; strengthen punishment, add kings of punishment.The sixth part is the conclusion. The criminal law is the last line of defense in protecting the environment, calling through the improvement of criminal legislation to prevent pollution, protect the environment.