Research On Criminal Law Regulation Of Polluted Atmosphere Crime In China

As one of the most important environmental factors,the quality of atmospheric environment directly determines the living condition of the whole biological system including human beings.Because not enough attention in the early stage of development of the protection of the atmospheric environment,and per capita automobile holdings in recent years,as well as other factors superposition effect,lead to atmospheric environmental pollution condition of our country more and more bad.Although the law on environmental crime has been amended twice in China,it has always regulated the crime of air pollution with generality,ignoring the particularity of air pollution crime.At present practice of atmospheric pollution governance practice,the more is to use administrative means to regulate atmospheric pollution crime,thereby causing serious consequences to according to article 338 of the criminal law to punish "environmental pollution".The crime of polluting the atmosphere generally has the characteristics of concealment,the complexity of causality and the seriousness of the consequences.It is difficult to regulate the crime of polluting the environment against its particularity.The current penalty allocation is relatively simple.Short term free penalty and fine punishment are hard to punish and frighten the offenders who pollute the atmosphere.In contrast,the developed countries have been violated by the abominable atmospheric environment earlier,and pay more attention to the criminal law regulation of the pollution of the atmosphere,and the legislation is more detailed and comprehensive.Therefore,through the study of the theory and the crime of pollution of atmosphere crime in the region and abroad,this paper analyzes the existing problems in the criminal law regulation of polluted atmosphere crime in our country,and tries to put forward some pertinent countermeasures in order to better punish the pollution of the atmosphere and protect the atmosphere.This article is divided into four chapters.The first chapter expounds the general situation of the crime of polluting the atmosphere in our country,and combines the opinions of the scholars.The pollution of the atmosphere crime means that the perpetrator violates the relevant laws and regulations on the prevention and control of the environment,intentionally or negligently discharging toxic and harmful substances into the atmosphere,which is sufficient to cause serious consequences or serious threats to the atmospheric environment,life and property damage.The behavior of air pollution crime is characterized by multiplicity of objects,complexity of process,and seriousness of consequences.The second chapter is the legal regulation of the pollution of the atmosphere in China.From the early legal regulation to the 1997 criminal law,the precondition of the "major accidents,major losses,serious consequences" as the precondition for the "major accidents,major losses and serious consequences" was incorporated into the regulation of the criminal law,and the risk of "negligence" was mostly evaluated as the risk of "negligence".There are also some problems in the crime of causing the accident and the criminal law regulation concept of polluting the atmosphere crime,mainly including the lagging of the concept of the rule of law in the criminal law.The concept of humanist rule of law has been taken to take the lead,and the protection of the legal interest of the atmosphere can not be highlighted.Because of the lack of an independent crime of polluting the atmosphere,it is difficult to punish and punish the dangerous and traditional causation of the pollution of the atmosphere.The Department finds that some air pollution crimes in current judicial practice are hard to convict,only two levels below 3 years,criminal detention and 3 years or less than 7 years.The third chapter mainly probes into the choice of regulatory philosophy and legislative mode of environmental criminal law,including the construction of accusation system and the crime of adding air pollution independently.The fourth chapter emphatically expounds some ideas on the regulation of the criminal law on the pollution of the atmosphere crime,increases the punishment to the dangerous offenders,and stifles the possible serious damage consequences in the cradle and draws on the extraterritorial principle of the causal relationship of the epidemic,which is moreconducive to the sentencing of the crime of polluting the atmosphere.We should configure a more diversified penalty,add life imprisonment,and adjust the range of imprisonment for less than 3 years,more than 10 years and more than 10 years,focusing on the regulatory role of fine penalty,using the daily penalty system,and in accordance with the part of the main body of pollution of the atmosphere,and depriving of the relevant occupation for a certain period of time.Ge,draw lessons from foreign non penalty measures.