Research On "Waste" In Criminal Law

China’s criminal law does not specify what is waste,because there is no unified understanding of the concept of waste,there is ambiguity,which hinders the study of waste;coupled with the complex nature of waste,which poses a great challenge to the scientific management of waste.By summarizing the concept,characteristics and classification of waste at home and abroad,this paper discusses the shortcomings of the concept and identification of waste in China.On the basis of the law of the people’s Republic of China on the prevention and control of environmental pollution by solid waste and the views of other scholars,the "waste" in the criminal law discussed in this paper is defined as the solid,liquid and gaseous substances that have lost their direct use value or have not lost their direct use value but have been discarded,or those that have been identified as waste according to the waste identification standards and procedures According to the concept,it is concluded that waste has the following characteristics:it is a kind of"thing",has no direct use value,is abandoned,and has relativity.The ultimate goal of studying "waste" in criminal law is to better play the role of criminal law in regulating waste related crimes.There are connections among the charges in waste related crimes,but there are differences in the constituent elements due to the different chapters in the specific provisions of criminal law.In order to crack down on waste related crimes more effectively,it is necessary to grasp the connections and differences between the charges.Because there are some problems in the legislation and judicial practice of waste crime,the understanding of the unity and difference of waste crime is confused.The concept of waste lacks unity,the forms of waste included in each criminal offence are not uniform,and the extension of waste is not scientific;when analyzing a case,it is found that a narrow range of waste related charges.There is an overlap between the crime of intentional financial destruction connection and the crime of environmental pollution,then the crime of property will be included in the discussion scope of the crime involving waste.In addition,new crimes related crime have emerged.The behavior of "waste for new" may constitute a crime,which may involve not only the crime of infringing intellectual property rights,but also the crime of polluting the environment and the crime of illegal disposal of imported solid waste.The "waste for new" can be included in the waste crime behavior,and the regulation function of criminal law should be better played.