Study On The Crime Of Illegal Disposal Of Imported Solid Waste

With the spread of illegal disposal of imported solid waste,there are more and more researches on the crime of illegal disposal of imported solid waste.In judicial practice,there is still a distinction between illegal disposal of imported solid waste and the crime of smuggling waste.Of the first paragraph of article three hundred and thirty-nine of the criminal law of the People’s Republic of China on the illegal disposal of imported solid wastes that clear,from the level of the legislation will act involving illegal disposal of solid waste has been determined,although on the issue of crack down on illegal import of solid waste produced certain effect,but in the real case,the problems between the two crimes still needs further research.This paper takes the case of Ji Jiahao,Wang Yajie and Wang Yafang suspected of smuggling waste as an example.Starting from three aspects,this thesis elaborates the suspect’s proposition profoundly,that is,the parties in this case should be convicted and sentenced according to the crime of illegal disposal of imported solid waste or the crime of smuggling waste.Through the analysis and comparison of the two crimes,the differences between the two crimes are discussed,and the problems existing in the case are deeply discussed.In the introduction part of this thesis,the crime of illegal disposal of imported solid waste is introduced.The background and significance of the topic,the research review at home and abroad,the main problems solved by the thesis,the research methods and the innovation points of the thesis are respectively expounded.The first part analyzes the case of Ji Jiahao,Wang Yajie and Wang Yafang suspected of smuggling waste.Starting from the three angles of the case fact,the purpose of the judgment and the focus of the dispute,the fact of the case describes the cause of the case and the basic situation of the case,the purpose of the judgment from the first instance,the second instance and the application for retrial are elaborated,and finally,the focus of the dispute of the case is introduced.The second part mainly discusses the controversial focus of the case.The first is the crime of illegal disposal of imported solid waste.The general concept,legislative status,criminal characteristics and judicial determination of the crime are introduced in detail.The second is the crime of smuggling waste,from the general concept of the crime,the legislative status quo,the characteristics of the crime,the judicial determination of the study;The third is the dispute between the two crimes,different targets of crime,different criminal behavior,criminal constitution standard is different three angles;The fourth is the legal identification of the accomplice of the crime of illegal disposal of imported solid waste,including the constituent elements,classification and identification of the accomplice,the identification and sentencing of the principal and accomplice.The third part,elaborated by the case caused by the relevant legal issues of thinking.First,take the subjective purpose as the dominant element analysis to distinguish the crime.Second,the qualitative analysis of judicial expertise to distinguish crimes.Thirdly,the demarcation of two crimes should be applied to the analysis of specific cases.Through the analysis of the constitutive elements of the two crimes,the two crimes are distinguished in the aspects of whether to evade customs supervision,criminal behavior and criminal constitution standard,and the definition standard between the two crimes in judicial practice is clarified,which achieves the research purpose.At the same time,in view of the case of Ji Jiahao,Wang Yajie and Wang Yafang suspected of smuggling waste,the basis for the conviction of the crime of smuggling waste and the reason why the judicial authorities did not accept the crime of illegal disposal of imported solid waste were further expounded.