Accomplished Form Of Environmental Pollution Crime

A good ecological environment is not only an important area to enhance people’s livelihood and well-being,but also an internal driving force for further high-quality development of our country.After more than 40 years of reform and opening up,my country has encountered some difficulties and challenges in environmental protection,and the problem of environmental pollution has become increasingly serious.Entering the new era,Xi Jinping Thought on Ecological Civilization clearly pointed out that the strictest system and the strictest rule of law should be used to protect the ecological environment.Criminal law,as a safeguard law for other laws,is an important means of using the rule of law to protect the ecological environment.Since the 18 th National Congress of the Communist Party of China,the legislature and the judiciary have taken active actions to summarize relevant experience in handling environmental pollution cases by revising the criminal law,formulating judicial interpretations,and issuing meeting minutes,which have played a deterrent and deterrent effect on environmental pollution crimes.With the revision of the law,serious and particularly serious environmental pollution crimes have been identified as dangerous offenses.According to the internal relationship between the provisions of the law,it is no longer appropriate for the general situation of environmental pollution crime to insist on the original result and commit the conclusion.The crime of environmental pollution is a specific dangerous offense,which is in line with the overall thinking and criminal policy of environmental pollution remediation.The full text is divided into four parts around the theme that the crime of polluting the environment is a specific dangerous crime.The first part is an overview of the classification of environmental pollution crimes and completed crimes,which mainly includes an overview of the types of completed crimes and the legal benefits and subjective offenses of environmental pollution crime protection.In the summary of crime types,there are two parts: the controversy of the classification standard of the types of completed crimes,and the specific content of the classification of the types of completed crimes.The legal interests protected by environmental pollution crimes are based on the evolution of environmental criminal legislation in foreign countries and our country,narrating the whole process of environmental legal interests gradually becoming independent legal interests.The subjective crimes of environmental pollution crimes are considered to be more appropriate by analyzing various theories,and that it is more appropriate to mix the crimes of deliberate and negligence.The second part is the theoretical controversy and judicial status quo of the types of environmental pollution crimes.Firstly,it introduces the theoretical disputes about the types of environmental pollution crimes,including the theory of consequential crimes,dangerous crimes,and the coexistence of consequential crimes and dangerous crimes.It is passed After analyzing the above points of view,the author concludes that the crime of polluting the environment is a dangerous offense;the judicial status quo summarizes the current judicial practice department’s adjudication views through the "two high" guidance cases.The third part is to clarify the point of this article,that is,after the crime of environmental pollution is determined as a dangerous offense,it should be further refined into specific dangerous offenses,and the above viewpoints should be demonstrated from two perspectives: theoretical basis and normative basis.The theoretical basis mainly revolves around the legal benefits and constitutive elements of the protection of environmental pollution crimes;the normative basis is after the passage of the "Criminal Law Amendment(11)",the internal relations stipulated in the environmental pollution crime laws,the connection between criminal law and environmental protection laws,and the criminal legislation of foreign countries Three aspects of the experience and practices are elaborated.The fourth part,based on the conclusion that environmental pollution crimes are specific dangerous offenses,analyzes the current relevant regulations on environmental pollution crimes,which are mainly judicial interpretations.There is a criminal improper punishment for harmful results,non-dangerous behaviors,and judicial interpretations set abstract dangers.For those who commit unreasonable deficiencies,propose corresponding amendments to the above deficiencies,urge judicial interpretation to return to the standard,better interpret the criminal law,provide scientific guidance for judicial organs to try specific cases,and solve judicial practical problems.