Research on Standard of Environmental Pollution CrimeComment on the First Judicial Interpretation of Environmental Pollution Crime Issued by the Supreme People’s Court and the Supreme People’s Procuratorate in 2016

The judicial interpretation of environmental pollution crime issued in 2016 provides guidance for the trial of environmental pollution crime. However, the judicial interpretation has caused new application disputes. The reasons are as follows: judicial interpretation exceeds the authority; the current legislative norms are not perfect. In order to apply the crime of environmental pollution correctly, we should understand the relationship between environmental legislation and judicial interpretation in combination with N0 11 Criminal Law Amendment, determine the standard of incriminating the specific danger of environmental legal interest, correctly grasp the specific danger and causality in judicial determination, and reduce judicial interpretation in the form of “provision” and “interpretation”. The introduction of environmental pollution case guidance system and related expert system can truly achieve the correct application of environmental pollution crime.