Research On The Crime Of Environmental Pollution In China

With the rapid development of China’s economy,the degree of environmental pollution in China has been constantly strengthened,especially since entering in twenty-first Century,the environmental pollution incidents occur frequently.The increasing degree of environmental pollution not only restricts the further development of China’s economy,but also seriously damages the health of our citizens.In order to solve the problem of environmental pollution from the angle of criminal law,it is urgent to deal with the problem of environmental pollution.Our country in the "criminal law amendment(eight)" the environment pollution accident crime crime of polluting the environment,from the aspects of criminal law expanded new ideas for the treatment of environmental problems,but it is the pollution of the environment crime objective and subjective aspects of a series of theoretical problems,such as the objective aspect of environmental pollution and damage behavior the results of the causal relationship between that problem,the subjective aspect of the crime of polluting the environment to the subjective attitude,the crime of polluting the environment and to prevent dangerous crime of endangering public safety crime,the judicial cognizance of the crime of polluting the environment and the "air pollution prevention law" and other relevant administrative regulations in slight environmental pollution behavior of justice problems and so on,only from the theoretical level,these problems will explain clearly,it could really play the environmental pollution crime deterrent force,this form of criminal law come into play.Aiming at the above problems,this paper will focus on the crime of polluting the environment.The first part is an overview of the crime of polluting the environment,speaking from the legislative background of the crime of polluting the environment,describes its legislative process and analyze the legislative significance,and expounds on foreign countries and Hong Kong Macao and environmental legislation,specify the environmental legislation significance.The second part is the environmental pollution crime,according to the object,described the academic current of public safety and environmental rights argument,the author explains the reason for the support of environmental rights;the objective aspect,elaborated the author for this crime "in violation of state regulations" and "other harmful substances" understanding,and learn about the reason for this crime to prove causal relationship problems of several theories and the author thinks that we should choose the causality of epidemiology as the causal relationship between the standard of proof;according to the subject,the author will explain the rationality of units and natural person as the subject of the crime;the subjective aspect,insufficient analysis of fault and mixed fault said,that I choose deliberately excuse.The third part is the judicial cognizance,in this chapter the author will explain the definition of crime and non crime,and the distinction between the crime of endangering public safety,crime of throwing dangerous substance and definition,in order to provide theoretical basis for the judicial cognizance.The fourth part is the defect and perfection of the crime of polluting the environment,in this chapter the author will analyze the crime of polluting the environment currently applicable in judicial practice less,and reasonable with the environmental administrative regulations cohesion put forward their own proposals.