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随着经济的发展,科学和社会文明的进步,环境问题日益突显。环境污染事故频频发生,大气、水体等环境质量屡屡下降。用刑事手段惩治污染环境的行为成为重要手段。然而污染环境罪不仅有着巨大的社会危害性,还呈现出多样性和复杂性。虽然刑法修正案及司法解释在规定污染环境罪方面有不小的进步,但在罪名设置、归责原则、责任承担等问题上,仍有应当改进的地方。有鉴于此,应当对污染环境罪的构成和刑事责任承担中存在的问题进行深入研究,结合外国的立法及实践,分析现阶段我国污染环境罪的法律适用问题,弥补我国现行立法、实践中的不足,提出相应对策,进一步完善污染环境罪的相关立法。
With the economic development, the progress of science and social civilization, the environmental problems have become increasingly prominent. Environmental pollution accidents occur frequently, and atmospheric quality and water quality often decline. Using criminal means to punish the pollution of the environment has become an important means. However, the crime of environmental pollution not only has great social harmfulness, but also shows diversity and complexity. Although the amendments to criminal law and judicial interpretation make no small progress in stipulating the crime of environmental pollution, there are still some areas that should be improved on the issues of accusation, the principle of imputation and the assumption of responsibility. In view of this, we should conduct an in-depth study of the problems in the constitution of pollution of the environment and the assumption of criminal responsibility, analyze the legal application of the crime of environmental pollution in our country in light of the legislation and practice of foreign countries, and make up for the current legislation and practice in our country Inadequate, put forward corresponding countermeasures to further improve the relevant legislation polluting the environment.