Study On Judicial Application Of Environmental Pollution Crime

Environmental protection’s function in the contemporary,benefit in the millennium,’environmental protection issues are not only related to our generation,but also related to the future of human living space.In view of the social harmfulness and far-reaching influence of pollution behavior,the necessity of solving the problems existing in the judicial application of environmental pollution crime is also gradually increasing.According to the data of the Judgment Document Network,the average annual number of cases has exceeded 1500 from 2016 to 2020.The extensive use of the crime of environmental pollution in judicial practice does not mean that the crime has reached perfection and no loopholes.In the face of the increase of environmental pollution criminal cases and the complexity of the case,the contradictions and disputes existing in the judicial application of this crime have become increasingly prominent.This paper mainly analyzes the problems existing in the judicial application of the crime of environmental pollution through empirical research and puts forward suggestions.Firstly,by comparing the number of criminal cases of environmental pollution crime with the number of administrative cases of environmental resources,it leads to the problems of difficult prosecution of unit crime,difficult identification of common crime,difficult unification of conviction standards and unbalanced crime and punishment in the judicial application of environmental pollution crime.Secondly,collecting the judgment documents of the first instance cases of environmental pollution crime in specific provinces in 2020 through the network of judgment documents,and taking these judgment documents as samples to sort out the situation of the subject of environmental pollution crime,the situation of accomplice,the situation of sentence type and the situation of criminal incidental civil public interest litigation,so as to confirm that the above four problems do exist in the judicial application of environmental pollution crime.The reasons for these problems include the controversial forms of environmental pollution crimes,the uncertainty of the scope of the identification of joint offenders,the ambiguity of the positioning of the protection of legal interests,the ambiguity of the causal relationship,the uncertainty of the elements of the constitutive elements,the “ light punishment ” of the freedom penalty,the low amount of the fine penalty,and the lack of ecological restoration measures.Finally,in view of the above problems put forward to improve the judicial application of environmental pollution crime Suggestions.To solve the difficult problem of unit crime prosecution by improving the identification of unit crime;by clarifying the form of crime of environmental pollution and strictly limiting the scope of punishment of accomplice to solve the problem of common crime prosecution;by affirming the human-centered legal interest theory of ecology,clarifying the standard of causality proof and constitutive elements of environmental pollution crime to unify the standard of conviction;by optimizing the freedom penalty,improving the fine penalty and exploring the ecological restoration of justice to improve the criminal sanctions system to solve the problem of imbalance between crime and punishment.Based on this paper,the author hopes that through the study of the judicial application of the crime of environmental pollution,it will contribute a little to improve the accuracy and efficiency of the crime in the judicial application.It also hopes that more people will pay attention to environmental problems,consciously maintain the achievements of ecological civilization construction,and contribute to the construction of beautiful China through their own strength,so that society can achieve sustainable development.