重大环境污染事故刑事责任研究
发布时间：2018-11-14 20:18
【摘要】：重大环境污染事故故顾名思义是指由于严重违反环境保护法规的经济、社会活动与行为,以及意外因素的影响或不可抗拒的自然灾害等原因致使环境受到严重的污染,人体健康受到危害,社会经济与人民财产受到重大的损失,造成不良社会影响的突发性事件。其中包括：水污染事故,大气污染事故,噪声与振动危害事故,固体废弃物污染事故,农药与有毒化学品污染事故,放射性污染事故等。 2011年2月25日,第十一届全国人大常委会第十九次会议通过了《中华人民共和国刑法修正案(八)》,对原刑法第338条的重大环境污染事故罪作出了重大的完善。这样一来,不仅在客观方面降低了该罪的入罪门槛,还体现了我国刑事法律给予环境法益的特殊保护。如此一来,这无疑更加有利于保护公民赖以生存的环境,有利于经济发展健康可持续发展。但与此同时,重大环境污染事故罪遗留的一些历史问题则依然存在,这就要求我们要进一步完善立法司法,将环境立法司法提高到一个新的水平。此外,伴随着经济数值不断地飙升,技术日新月异的发展,污染环境行为的问题就随之产生且日趋严重。而在追究重大环境污染事故刑事责任实践过程中一度处于十分尴尬的境地,因为由于诸多因素的干扰最终被定罪处罚的屈指可数。2011年出台的《刑法修正案(八)》第46条在诸多方面对重大环境污染事故罪做出修改。修改后,罪名也发生了相应的变化,改为：污染环境罪。在犯罪构成上较重大环境污染事故罪发生了很大变化,有了一定程度的完善但仍有诸多不足。
[Abstract]:As the name implies, major environmental pollution accidents refer to serious environmental pollution due to serious violations of environmental protection laws and regulations, economic, social activities and behaviors, and the influence of unexpected factors or irresistible natural disasters, etc. Human health is endangered, social economy and people's property suffer great losses, which cause unexpected events of bad social impact. It includes: water pollution accident, air pollution accident, noise and vibration hazard accident, solid waste pollution accident, pesticide and toxic chemical pollution accident, radioactive pollution accident and so on. On February 25, 2011, the 19th meeting of the standing Committee of the Eleventh National people's Congress adopted the Amendment to the Criminal Law of the people's Republic of China (8), which greatly improved the crime of major environmental pollution accident in Article 338 of the former Criminal Law. In this way, it not only lowers the threshold of incrimination, but also reflects the special protection that our criminal law gives to the interests of environmental law. In this way, this is undoubtedly more conducive to the protection of the environment on which citizens depend, and to the healthy and sustainable development of the economy. But at the same time, there are still some historical problems left over by the crime of major environmental pollution accidents, which requires us to further perfect the legislation and judicature and raise the environmental legislation and judicature to a new level. In addition, with the rapid development of technology and the soaring economic value, the problem of environmental pollution is becoming more and more serious. And in the practice of investigating criminal responsibility for major environmental pollution accidents, it was once in a very awkward position. Article 46 of the Criminal Law Amendment (VIII), published in 2011, modifies the crime of major environmental pollution accidents in many ways. After the amendment, the charge has also changed, changed to: pollution of the environment crime. The crime of major environmental pollution accident has changed greatly in the constitution of crime, and has been perfected to some extent, but still has many shortcomings.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.1
本文编号：2332195
[Abstract]:As the name implies, major environmental pollution accidents refer to serious environmental pollution due to serious violations of environmental protection laws and regulations, economic, social activities and behaviors, and the influence of unexpected factors or irresistible natural disasters, etc. Human health is endangered, social economy and people's property suffer great losses, which cause unexpected events of bad social impact. It includes: water pollution accident, air pollution accident, noise and vibration hazard accident, solid waste pollution accident, pesticide and toxic chemical pollution accident, radioactive pollution accident and so on. On February 25, 2011, the 19th meeting of the standing Committee of the Eleventh National people's Congress adopted the Amendment to the Criminal Law of the people's Republic of China (8), which greatly improved the crime of major environmental pollution accident in Article 338 of the former Criminal Law. In this way, it not only lowers the threshold of incrimination, but also reflects the special protection that our criminal law gives to the interests of environmental law. In this way, this is undoubtedly more conducive to the protection of the environment on which citizens depend, and to the healthy and sustainable development of the economy. But at the same time, there are still some historical problems left over by the crime of major environmental pollution accidents, which requires us to further perfect the legislation and judicature and raise the environmental legislation and judicature to a new level. In addition, with the rapid development of technology and the soaring economic value, the problem of environmental pollution is becoming more and more serious. And in the practice of investigating criminal responsibility for major environmental pollution accidents, it was once in a very awkward position. Article 46 of the Criminal Law Amendment (VIII), published in 2011, modifies the crime of major environmental pollution accidents in many ways. After the amendment, the charge has also changed, changed to: pollution of the environment crime. The crime of major environmental pollution accident has changed greatly in the constitution of crime, and has been perfected to some extent, but still has many shortcomings.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.1
【参考文献】
相关期刊论文 前3条
1 黄陈花;;论我国环境犯罪的刑法规制及完善[J];法制与社会;2012年35期
2 周海浪;;污染环境罪的主观责任探疑[J];人民司法;2012年23期
3 姚贝;王拓;;法益保护前置化问题研究[J];中国刑事法杂志;2012年01期
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