Research On Problems In The Crime Of Environmental Pollution’s Judicial Application

Since the crime of environmental pollution has been revised,it has exerted its practical effects,severely punished the behavior of environmental crimes,and protected the ecological environment and the interests of human beings.However,there are still some problems that cannot be found in the legislation.For example,is the academic research on crime of environmental pollution consistent with the problems arising from the actual operation of judicial practice? Does the theoretical research provide assistance for the judicial application? Therefore,with these problems,this paper tried to do some research on the problems in judicial practice with theory.Through the observation of cases and the understanding of the judicial application’s situation,this paper would try to propose some countermeasures to get rid of the difficulties in judicial practice.This paper is divided into four parts:The first part analyzes a large number of cases to understand the current situation of judicial application and the predicament in it.Judicial officials may have conflicts on the understanding of environmental pollution’s crime accomplished form and subjective criminal form,and this may affect the judicial determination and cause different judging occur in similar cases,resulting in unfair justice.Therefore,it is necessary to standardize the crime of environmental pollution’s application.First of all,the theoretically analysis of the crime,especially the analysis of illegal elements,should have been done.This would help to find out the root causes of the problems and unify the understanding of the constitutional elements of the crime.The second part discusses the crime of environmental pollution’s accomplished form,sorts out its academic controversy.On the surface,it seems to be a dispute of classification,but it is actually related to the establishment condition of environmental pollution crime.The reason for the controversy lies in the fact that scholars themselves hold different views of legal interest,as well as differences in understanding of environmental interpretation terms,which leads to the different views on the accomplished form of environmental pollution crime.This paper believes that the protection law of environment benefits human being’s environmental interest.Therefore the accomplished form of this crime is consequential offense,and it includes dangerous results and actual results in the same time.Only in this way can the conflicts existing in the provisions of legislation and judicial interpretation be resolved and connected.The third part focuses on the controversial issue about the subjective criminal form of environmental pollution crime.Through the analysis of fault theory,intention theory and compound crime theory,it can be proposed that the crime of environmental pollution is calculated crime.After arguing the rationality of the view,this paper discusses its intentional content,which includes cognitive elements and volitional elements.The forth part studies the issue of joint crime in crime of environmental pollution.By observing the accomplished cases in judicial practice,the issue of joint crimes in environmental crime cannot be ignored.There are two main problems in the judicial practice.One is the establishment of a joint crime,influenced by the subjective criminal form of environmental pollution,some scholars have even proposed the "joint negligence theory".This paper does not agree with that,and holds the view that the joint crime of environmental crimes should be a joint intentional crime.Second is the range of penalties for joint crimes.The main dispute is how to determine the responsibilities of hired personnel and venue renters.This paper believes that the responsibilities of hired personnel should be determined according to specific circumstances,combined with a comprehensive judgment on the degree of control of the facts of the crime;the sole renter should not be deemed as an accomplice.