| At present,with the rapid development of the times,along with the rapid progress of economic development and science and technology,there are increasingly serious environmental problems in China.As the "last line of defense" for environmental protection,the criminal law norm has been revised many times,but it is still unable to provide a complete and mature system for environmental protection.In view of this,under the new background of the revision of the criminal law,this paper discusses the perfection of the legislation of the crime of environmental pollution in my country.The article first explains the background of the topic selection,research status,the main content of the paper,writing methods and so on.Then it briefly introduces the relevant concepts of the crime of environmental pollution,redefines the concept of the crime of environmental pollution,mainly that its concept should include the protection concept of environmental legal interests,and should also reflect the existence of dangerous crimes.After a brief description of the concepts,a brief analysis of the four characteristics of the crime of environmental pollution is made,which are embodied in the complexity of legal interest protection,the administrative subordination of harmful acts,the continuity and concealment of the harmful process,and the difficulty in repairing the harmful results.difference.Then,from the perspective of the value of the legal system(order,fairness,justice),it expounds the perfect value of the current crime of environmental pollution.After discussing the concept and other macro issues,the article begins to analyze the legislation status and existing problems of my country’s environmental pollution crime.Firstly,it systematically sorts out the current situation of the criminal law norm of the crime of environmental pollution,and analyzes the crime of environmental pollution from four levels: subject,subjective,object and objective.Then,based on my country’s current legislative norms and combined with a certain number of legal judgment documents,it is analyzed that there are four problems in the legislative level of my country’s environmental pollution crime: the protection of environmental legal interests is not prominent,the lack of dangerous crimes,the vague form of subjective crimes,and the rough setting of criminal law..The lack of prominent environmental protection has specifically derived the disadvantages of unscientific legislation system and single set of charges for environmental pollution crimes,while the lack of dangerous crimes,ambiguous forms of subjective crimes,and excessive penalty settings have led to the ineffective judicial application of environmental pollution crimes.embarrassing situation.After clarifying the problems existing in the legislation of the crime of environmental pollution,the article introduces the experience of foreign legislation in a targeted manner,and summarizes the advanced concepts and measures worthy of our country’s reference.Judging from the legislation of foreign environmental pollution crimes,foreign countries attach great importance to environmental legal interests,and for this reason,they have set up a strict legal system and a strict penalty system,including the emphasis on dangerous crimes,the setting of fines,and the punishment of non-violent crimes.Penalties favored.After referring to the system advantages of foreign countries,it puts forward corresponding suggestions on my country’s environmental pollution problems.First of all,regarding the issue that the protection of legal interests is not prominent,it is suggested that my country should pay attention to the independent value of environmental legal interests,reconstruct the normative system of environmental criminal law,and specify the crime.It is a more detailed criminal law charge,and then the charges of environmental crimes are arranged and organized into separate chapters.In addition,for the absence of dangerous criminals,the dangerous criminals should be selectively included in the concretized charges after the charges are concretized.As for the form of guilt,it is also necessary to make judgments based on the specific charges.Finally,four suggestions are put forward for the rough setting of the penalty: first,to stipulate the statutory penalty range according to different crimes;Non-criminal punishment measures;Fourth,strictly regulate sentencing and limit the conditions for the application of probation.. |
