The Research On Several Issues About Crime Of Environmental Pollution

The eighth amendment to the criminal law of the People’s Republic of China,which was officially adopted and implemented in 2011,amended the crime of "major environmental pollution accident" to "crime of environmental pollution",increasing the scope of the crackdown on environmental pollution.This amendment has certain positive significance for better regulating crimes of environmental pollution.However,there are still many problems in the theoretical aspect and application process of this crime.Therefore,it is necessary to discuss and study the existing problems of the crime of environmental pollution,especially the problems in legislation and how to improve it.In this way,the criminal law,as the last barrier to control environmental pollution,can better play its protective role.At first,this paper mainly through to studying the charge changes between before and after modification of the environmental pollution crime and its own unique characteristics,and analyzing the constitutive requirements of crime and the existing issues one by one,so that we can understand and affirm the environmental pollution crime better and better,making the solid ground for the below introduce to the legislation problems of the environmental pollution crime as well as the analysis and improvement of these problems.Then,the main body of the article is mainly used the logical thinking of finding the problem,analyzing the problem,solving the problem from shallow to deep,step by step to the article writing.Firstly,the legislative process of the crime of environmental pollution is analyzed,and the existing problems of the crime of environmental pollution in China are found in the process of analysis and research.Then,through the comparison and summary of foreign advanced countries legislative experience to analyzing of the relevant aspects of China’s legislative deficiencies;Finally,by learning from the advanced experience of some foreign countries to put forward some specific suggestions to improve and solve the legislative problems mentioned above.In order to better curb the occurrence of the environmental crimes in real life,to protect our the only one ecological home,toconstruct a beautiful China.