Study On The Legislative Perfection Of The Crime Of Environmental Pollution

The concept called Clear waters and green mountains are as good as mountains of gold and silver deeply rooted people’s mind.Todays,our country must go on the way of green development.Criminal law,as the important tool of social governing,can’t be absent from this greatly sustainable project.The crime of Environmental pollution is officially wrote into the criminal code in the 1997 years when the article of law called crime of serious environmental pollution accident.However,that article of law was lack of use after that.By the several amendment,the crime of serious environmental pollution accident change into the crime of environmental pollution.And the court verdict about the crime of environmental pollution was greatly increasing.But there are many problems in The crime of Environmental pollution.First,the unclear concept of legal interest leads to the serious separation between legislation and judicial interpretation.The meaning of "seriously polluting the environment" is the focus of disagreement.I put forward the concept of environmental usable,which can correctly deal with the relationship between human legal interests and environmental legal benefit,and return The crime of Environmental pollution to the center of environmental legal interests.Second,the behavior structure of legislation and judicial interpretation is quite different.Judicial interpretation extends the elements of legislative results to behavioral crime,which is the focus.Guided by the usability of the environment,I pays equal attention to behavior crime and consequential crime,actual damage crime and dangerous crime in The crime of Environmental pollution,so as to meet the practical and theoretical needs.At the same time,concrete and abstract dangerous crime is introduced to alleviate the problem of casual proof and judicial application.Third,the Offence Form of The crime environmental pollution is controversial.In practice,there are some disputes on the Offence Form of crime and which Offence Form of crime conforms to the legislative penalty of purpose is the focus.Therefore,starting from reality,I believes that the theory of double fault can well solve the problem of the Offence Form of this crime,set the scope of punishment reasonably,meet the judicial practical needs and maintain the stability of the criminal code system.