Study On The Difficulties In Judicial Application Of Environmental Pollution Crime

In order to more effectively punish the serious environmental pollution hazard behavior,the Criminal Law Amendment(8)adopted in 2011 has made a major amendment to Article 338 of the Criminal Code.The original crime was also changed to the crime of environmental pollution by the Supreme People's Court and the Supreme People's Procuratorate.After that,the two sides issued two judicial interpretations mainly on the crime,but the problems in the judicial application of the crime still existed in large numbers.The protection of environmental pollution crimes,the "disposal" behavior,the "serious pollution of the environment" and the identification of subjective crimes are not uniform,leading to chaos in judicial practice.This paper believes that the crime of polluting the environment is self-evident in the context of punishing ecological crimes and building an ecologically civilized country.This article adheres to the rational and scientific concept of criminal justice,and combines the cases in judicial practice to objectively analyze the difficult problems in the judicial application of environmental pollution crimes.It is hoped that through the study of the difficult problem of judicial application of environmental pollution crimes,it will promote the understanding of environmental pollution crimes in judicial practice,in order to better apply the law.The thesis contains five parts beside preface and summarize.This thesis sections are as follows:The first part analyzes the legal protection of environmental pollution crimes,analyzes the shortcomings of the human center legal concept and the ecological center legal concept,and explains the author's reasons for supporting the ecological human center legal concept.The second part uses the method of criminal law interpretation to clarify the connotation of "disposal",analyze the specific manifestation of disposition behavior,and clarify the criteria for distinguishing the legality of disposition.The third part clarifies the connotation of "serious pollution of the environment",analyzes the controversy of the standard of crime of the crime,and limits the interpretation of the standard of crime of this crime,and analyzes the necessity and feasibility of the interpretation of the limitation.The fourth part analyzes three main viewpoints on subjective psychology of environmental pollution crime one by one,and demonstrates the reasons for supporting intentional theory.