Study On The Penalty Allocation Of Environmental Pollution In China

In recent decades,China's economy has developed rapidly,its comprehensive national strength has continued to improve,and people's happiness index has become higher and higher,but at the same time,the pollution caused to the natural environment has become more and more serious,such as the typical one in recent decades.Some environmental pollution incidents: Sichuan Lijiang Extra Large Water Pollution Case,Yunnan Qujing Luliang Chemical Environmental Pollution Case,Blood Lead Exceeded Standard Event,Beijing Haze Event...and the actual harm brought by environmental pollution The more obvious,the more people realize that the act of polluting the environment is the same as other crimes,with the nature of natural offense.As a result,people's awareness of environmental protection has gradually improved,and criminal legislation on environmental pollution is gradually improving.However,the analysis of the current situation of the criminal allocation of crimes against environmental pollution in China reveals that there are still many problems such as the single type of punishment,the relatively mild punishment,and the unclear amount of fines.Therefore,this paper deals with these issues in judicial practice.Carry out combing analysis,and learn from the experience of foreign advanced systems,try to put forward some specific suggestions for improving the penal allocation of crimes against environmental pollution.The author believes that it is mainly possible to start from the legislative level,by adding the sentence of the qualification penalty,raising the statutory penalty for the free penalty,clarifying the specific amount of the penalty,enriching the use of fines,specifying the restorative sanctions and adding dangerous criminals,etc.The way to improve the corresponding,so that the application of environmental pollution crimes in judicial practice can play a greater role.