Discrimination Of "Illegal Disposal" In The Crime Of Environmental Pollution

The definition of "illegal disposal" of hazardous wastes in the crime of polluting the environment is controversial between in theory and practice.Thus,determining the definition of "illegal disposal" is of great significance in reducing the rate of environmental pollution crimes.The current"Judicial Interpretation on the Application of Legal Issues in Handling Criminal Cases of Environmental Pollution"stipulates that the disposal of wastes which does not cause pollution should not be defined as "illegal disposal" of environmental pollution crimes.The reason is in line with China's current situation regarding the management of hazardous wastes.However,the existing judicial interpretation provisions still violate the provision of criminal law,because the judicial interpretation does not make a clear distinction between "intermediate" disposal and "final" disposal.This paper analyzes and interprets the disposition behavior under the judicial interpretation from the perspective of legitimacy and rationality,in order to clarify the disputes related to the definition of illegal disposal both in theory and practice.Finally,by referring to the US subdivision regulations and interpretative regulations on hazardous waste management behavior,the types of "intermediate" disposal and "final" disposal of"illegal disposal" behaviors in China's environmental pollution crimes are clearly defined.Differentiated and interpretative provisions will contribute to reducing the rates of environmental pollution crimes.