Study On The Legislative Perfection Of The Crime Of Polluting The Environment

The "Criminal Law Amendment(VIII)" was officially implemented on May 1,2011.The amendments to the "Significant Environmental Pollution Accidents" have been amended from the crimes and the contents of the law,which have important theoretical and legislative significance,but In practice,due to the lag of legislation and the complexity and concealment of environmental pollution behavior,the current "Crime of Environmental Pollution" and related legislation still have some shortcomings in preventing environmental pollution and punishing environmental crimes.The main performances are as follows: In the composition of crimes,the conviction requirements are vague,which is not conducive to practical operations;In the allocation of penalties,the criminal law is too simplistic,unable to meet the need to prevent and punish crimes,the penalty setting is too rough,the penalty method is relatively simple,and the administrative penalty and criminal punishment boundary are unclear.Based on this,on the basis of the more comprehensive experience of environmental crime legislation outside the country,combined with China's national conditions,the main methods for improving the legal system of "Crime of Environmental Pollution" in China are: First,separate the crimes according to different forms of sin,and then clarify the environmental law benefits as the main object,refine the manifestations of harmful behaviors to improve the criminal composition.The second is to improve the penalties by improving the scope of sentencing,optimizing the setting of fines,adding qualifications and clarifying administrative penalties and criminal penalties.