Analysis Of Water Pollution Case In Yancheng, Jiangsu Province

With the rapid development of China's economy,environmental pollution problems have become increasingly serious,the situation was high-frequency,diversified development,bring severe challenges to society,meanwhile,China's Crime of environmental pollution in the legislation also has gone through three stages: environmental pollution have been put forward in the Criminal Code as the initial stage in 1979,the Criminal Code was amended as the development stage in 1997,"Criminal Law Amendment(8)" was promulgated as the consummating stage in 2011.Yancheng water pollution have been happened in the development stage of legislation,dissertation based on the case should be convicted“Crime of throwing dangerous substance” or “Crime of Serious Environmental Pollution Accident”,therefore the case have been spotlight to Academia.This case should be identified as a Crime of Serious Environmental Pollution Accident,from the main point of view,the case should be put up a unit crime,while the principal responsible persons held its business criminal responsibility;from the subjective point of view,the case of sewage discharge is to obtain the interests of enterprises,From the objective point of view,the direct discharge of sewage acts against the human survival of water resources;from the object point of view,the direct discharge of sewage in violation of environmental management and protection system,harm the rights of environment.Crime of Serious Environmental Pollution Accident in the judicial application of the existence of improper,for example,the crime form do not include the subjective intent,the setting of the legal penalty is too low,do not take about the protection of environmental lawbenefits.Because of the Crime of Serious Environmental Pollution Accident exist above-mentioned shortcomings,legislators to improve the protection of the environment,"Crime of Serious Environmental Pollution Accident" was amended to "Crime of Environmental Pollution" in the Criminal Law in 2011,which greatly reduced the environmental criminals into the crime threshold and strengthen the criminal law on the destruction of environmental behavior deterrent effect,but still did not resolve the defects of the Crime of Serious Environmental Pollution Accident.After the judicial interpretation of Crime of Environmental Pollution was published in 2013,many of the cases were reported about Crime of Environmental Pollution in local,such as the article mentioned in Hunan Yiyang water pollution case,there still many problems were found in this cases,for example,does not clearly protect the environmental benefits on the object,the form of sin does not clearly cover calculated crime on the subjective,the legal punishment is too low,leading to pollution of the environment crime incompatibility and other issues.Therefore,it is necessary to point out the defects of the legislation about pollution of the environment,and on this basis put forward the perfect proposal,through the elaboration of these issues to make contribution for China's legal construction.