Study On Legislation Perfection Of Environmental Pollution Crime In China

Building ecological civilization is a long-term plan that affects the well-being of the people and affects the future of the nation.With the China’ s rapid economic development,China’ s ecological environment is faced with a great challenge,ecological protection and economic development of the contradictions become increasingly prominent,a lot of environmental pollution a serious threat to people’ s life and property safety,and environmental laws at the same time." The concept of protection first,prevention first "is contrary to the legislative concept of" protection first,prevention first ",and runs counter to the people’ s pursuit of a better living environment.The amendments to the"Criminal Law Amendment(8)" in 2011 changed the traditional concept of sanctioning only the perpetrators of environmental crimes,and the subject matter of protection also began to focus on the protection of environmental administrative order and the protection of the people’ s personal and property safety.The protection of the ecological environment itself is slowly transitioning,and the rights and interests of the environment itself are beginning to be taken seriously.This change has to a certain extent curbed the increasingly serious crimes of environmental pollution,but the revised crimes of environmental pollution still inherit the crimes of negligence and consequence crimes stipulated in the crimes of major environmental pollution,without including intentional crimes and dangerous crimes.In the form of this crime,the social and legal effects of criminal law in the execution of environmental pollution crimes are not satisfactory.However,the environmental pollution problems caused by environmental pollution crimes can only be regulated by administrative agencies with simple administrative penalties.However,once the administrative agencies are not performing their duties or shirk their responsibilities,a large number of pollution problems cannot be effectively controlled and restored.Ecological and environmental problems are still very serious.In order to deal with environmental pollution problems,the Supreme People’ s Court and the Supreme People’s Procuratorate issued judicial interpretations of environmental pollution crimes in 2013 and 2016.They specifically refined the criminal forms of environmental pollution crimes and enhanced the possibility of environmental pollution crimes.The operability has played a positive role in curbing environmental pollution crimes.However,the subjective and intentional inclusion in judicial interpretation has led to a violation of the subjective crime of Article 338 of the Criminal Law,but also conflict "principle of legality" and the basic principles of criminal law,how to reconcile is still a big problem in judicial practice.Therefore,in order to effectively respond to the increasingly serious environmental crimes,this article intends to analyze and discuss the environmental pollution crimes through four aspects,and to draw on the ideas and legislation of the legislation of various countries to provide corresponding suggestions for the improvement of China’ s environmental pollution crimes legislation,comments,initiate in order to provide a viable policy to protect the environment.The first part is to analyze the criminal concept of environmental pollution crime in Article 338 of China’ s current criminal law,and to clarify the specific meaning of this crime through demonstration;secondly,to deconstruct the environmental pollution crime in China and decompose its criminal composition.According to the four elements stipulated in China’ s current criminal law as the starting point,the environmental pollution crime is decomposed into subjective and objective death elements,which are discussed separately from the subjective and objective aspects to clarify the overall appearance of the environmental pollution crime.Definition of the concept to specifically discuss the criminal characteristics of environmental pollution crimes.The concept,composition,and characteristics of environmental pollution crimes in Article 338 of China’ s criminal law are comprehensively displayed in front of the readers,and pollution from various specific perspectives Combating the basic content of environmental crime,clearly showing the basic appearance of environmental pollution crime,and providing a prerequisite for the subsequent writing of this article.In the second part,the author intends to build on the basic appearance of environmental pollution crimes in China,combined with my judicial practice in public interest litigation and criminal litigation work,and a summary analysis of related cases.The problems are summarized and summarized.From the perspective of the constitution of crimes and the combination of the criminal and structural systems of criminal law in China,the problems existing in the positioning of legal interests,legislative models,criminal aspects and penalties are discussed one by one.Carry out a more detailed argumentation.In the third part,in view of the problems of environmental pollution crimes in our country,where there is no comparison,I don’t know enough.Through the specific regulations on environmental pollution crimes in foreign civil law systems and British and American law systems,the author sorts out the specific environmental protection crimes adopted by foreign countries.Legislative model and punitive measures,especially the relevant regulations of the Germany and Japan in civil law countries and the United States and Britain of common law countries.By summarizing the legal systems and characteristics of different legal system countries and comparing them with China’ s legislative regulations,we can discover the enlightenment and reference significance of foreign legal systems to the improvement of China’ s legal systems.The fourth part,the author through the existing problems of environmental pollution crimes in China,and combined with the advanced legislation guidelines and legislation of foreign jurisdictions to improve the legislative enlightenment of environmental pollution crimes in our country,the existence of the environmental pollution crimes in China proposed in the second part of this article exists The legislative issues of the author put forward the author’ s contempt,with a view to providing corresponding amendments and suggestions for the improvement of the legislation on environmental pollution crimes.I hope that the legislative suggestions proposed by the author will promote the further improvement of this crime and provide a feasible criminal law for en vironmental protection in China.Legal guarantees truly realize the people’ s pursuit of a better living environment.