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Research on Crime of Polluting the Environment

Author: ZhuLinLin
Tutor: XuJiuSheng
School: China University of Political Science
Course: Criminal Law
Keywords: the Eighth Criminal Law AmendmentCrime of Polluting the Environment The Crime of MajorEnvironmental Pollution Accident Crime Constitution
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 396
Quote: 2
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Abstract


With the development of social, environmental pollution is becomingincreasingly serious, the Crime of Polluting the Environment was in a veryawkward position in the previous judicial practice. In2011, the eighthcriminal law amendment modified the Crime of Major EnvironmentalPollution Accident, renamed Crime of Polluting the Environment and thecrime constitution has changed, but there are still some deficiencies. InChina, environmental pollution behavior is more frequent, how to make theCrime of Polluting the Environment combining with the judicialapplication is to be solved. So it has important theoretical and practicalsignificance to do more detail and in-depth study of Crime of Polluting theEnvironment. In this paper process, I will adopt literature study andcomparative analysis methods.This paper is divided into three parts: foreword, text and conclusion.Among them, the text includes four chapters.The first chapter is an overview of the crime of polluting theenvironment. This part focuses on the legislative history of the crime ofpolluting the environment and its concept and features. Through the briefstatement of the crime of polluting the environment criminal legislation inancient and modern times, I focus on the part after the founding of newChina. Then the paper leads to the concept of the crime of polluting theenvironment and it has four features: administrative attached nature,severity of harmful consequence, harmful result persistence andcomplexity.The second chapter focuses on crime constitution. I believe the object of the crime should contain environmental right. According to the eighthcriminal law amendment, I analyze the behavior and result of the crime onthe objective aspect of crime, and discuss the causal relationship. The nextquestion is whether a country can be the subject of the crime. On thesubjective features of the crime, I think the crime of subjective shouldcontain fault to exclude from the deliberate, and need to take strict liabilityto define the crime of polluting the environment.The third chapter is the justice and penalty of this crime. That some ofthe crime of polluting the environment and crimes fault running the offenceof dangerous substances, the crime of dangerous goods incident, majoraccidents, illegal disposal of solid waste, environmental monitoring of thecrime of dereliction of duty between easily confused where comparativeanalysis, to distinguish this crime and the limits He crimes to facilitatejudicial identified. Then author firstly points out the defects in legislation ofthe crime of polluting the environment.The forth chapter is about legislative perfection of the crime ofpolluting the environment: the establishment of environmental specialchapter, making accusation detail, enhancing dangerous criminal, makingclear subjective criminal pattern and perfecting penalty setting.

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