What are the crimes committed by those who destroy the environment, and which are the constitutive e

1. Subject matter requirements. The crime of imitating hunger violates the state's management system for preventing and controlling environmental pollution.

2. Objective elements. This crime is objectively manifested as an act of discharging, dumping, or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other harmful substances in violation of state regulations, thereby seriously polluting the environment.

3. Main requirements. The subject of this crime is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. The unit can be the subject of this crime.

4. Subjective elements. This sin manifests itself as negligence in the Lord's great view of purity. This kind of negligence refers to the actor's psychological attitude towards causing environmental pollution, causing major losses to public and private property, or serious personal consequences, and the actor should have foreseen such accidents and serious consequences, but failed to foresee them due to negligence.

Or it was foreseen but gullible enough to avoid it.

Article 338 of the Criminal Law: Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1. What are the criteria for filing a criminal case for environmental damage?

According to article 60 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)", if a person discharges, dumps or disposes of radioactive waste, waste containing infectious disease pathogens, toxic substances or other hazardous wastes into land, water bodies or the atmosphere in violation of state regulations, causing a major environmental pollution accident, it is suspected of one of the following circumstances and shall be filed for prosecution:

1. Causing a loss of more than 300,000 yuan to public or private property;

2. Causing the loss of basic functions of basic farmland, shelter forest land, and special purpose forest land of more than 5 acres, other agricultural land of more than 10 acres, and other land of more than 20 acres of basic functions or permanent damage;

3. Causing the death of more than 50 cubic meters of forest or other forest trees, or the death of more than 2,500 young trees;

4. Causing the death of one or more persons, the serious injury of three or more persons, the minor injury of ten or more persons, or the serious injury of one or more persons and the minor injury of five or more persons;

5. Causing the occurrence or epidemic of infectious diseases or the poisoning of personnel to reach the level of public health emergencies in the "National Emergency Plan for Public Health Emergencies", seriously endangering human health;

6. Other circumstances that cause major losses to public or private property or serious consequences for the person.

The loss of public or private property as provided for in this Article and Article 62 of these Provisions includes the actual value of property damage or reduction directly caused by environmental pollution, and the expenses incurred for taking necessary and reasonable measures to prevent the spread of pollution and eliminate pollution.

First, if a criminal suspect violates state regulations by discharging, dumping, or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other harmful rubber substances, thereby seriously polluting the environment, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine in accordance with law; Second, if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Legal analysis: First, if a criminal suspect violates state regulations by discharging, dumping, or disposing of radioactive waste, waste containing infectious disease pathogens, toxic substances, or other harmful substances, and seriously pollutes the environment, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine in accordance with law; Second, if the consequences of the hand rock fruit are particularly serious, the sentence is to be fixed-term imprisonment of not less than three years but not more than seven years, and a concurrent fine.

Legal basis: Civil Code of the People's Republic of China

Article 1229:Where harm is caused to others by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

Article 1232:Where the infringer violates legal provisions by intentionally polluting the environment or destroying the ecology, causing serious consequences, the infringed party has the right to request corresponding punitive damages.

Article 1234:Where violations of state provisions cause damage to the ecological environment, and the ecological environment can be restored, the organs provided for by the state or organizations provided for by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.

1) Losses caused by the loss of service functions during the period from the damage to the ecological environment to the completion of the restoration;

2) Losses caused by permanent damage to ecological and environmental functions;

3) Expenses for investigations, appraisals, and assessments of ecological and environmental damages;

4) Expenses for cleaning up pollution and restoring the ecological environment;

5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.

If a criminal suspect violates the laws and regulations on the prevention and control of environmental pollution, causing environmental pollution, and the consequences are serious, and he should be criminally punished in accordance with the law, he shall constitute the crime of polluting the environment. According to the relevant provisions of China's Criminal Law, it can be known that the crime of polluting the environment mainly has the following sentencing ranges:

First, if a criminal suspect violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; Among them, illegally reducing the operating expenses of pollution prevention and control facilities by more than 1 million yuan, and illegally obtaining or causing losses of public or private property of more than 300,000 yuan, are all classified as "serious environmental pollution";

Second, if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Among them, causing the interruption of water intake from centralized drinking water sources in urban areas at or above the county level for more than 12 hours, and illegally discharging, dumping, and disposing of more than 100 tons of hazardous waste, are all classified as "particularly serious consequences".

Article 338 of the Criminal Law is the crime of polluting the environment.

Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

This crime is manifested in the subjective aspect as intentionality. In the Eighth Amendment to the Criminal Law, the original provisions have been amended, and this crime has evolved from a result to an act, from the principle of fault liability to the principle of presumption of fault with the nature of strict liability, and from negligence to the subjective aspect of admitting the existence of indirect intent. The criminal law on the form of crime of destroying the protection of environmental resources, except for the crime of polluting the environment, is an intentional crime.

Amendment (8) to the Criminal Law stipulates a new crime for the crime of polluting the environment, but does not clearly stipulate the subjective form of the crime of polluting the environment. In the author's opinion, the subjective form of the crime of polluting the environment should be intentional, including direct intent and indirect intent. Although it is difficult to judge whether the actor was intentional or negligent in the form of the main balance of the consequences of environmental pollution, his act of polluting the environment was intentional, that is, the dangerous state of "possible consequences of environmental pollution" formed by the actor's act of polluting the environment was foreseeable, so it can be determined that the subjective state of the actor is indirect intention.