The third-party treatment of environmental contamination leads to the separation of polluter and tackle polluter and even forms a complex structure of polluter, indirect tackle polluter and direct tackle polluter. In combination with practice, indirect tackle polluter collected waste given by polluter who made waste and then handed over to the direct tackle polluter for discharge, dumping and disposal of polluting substances. However, the judicial adjudication only punished indirect tackle polluter and direct tackle polluter for the criminal responsibility of environmental contamination. The polluter was not punished. There are mainly reasons for this issue. First, the third-party of environmental contamination has produced a complex structure of polluter, indirect tackle polluter and direct tackle polluter. Second, Criminal Law of the People's Republic of China lacks legal norms for polluter’ supervision. Third, judicial adjudication is also difficult to prove the complex causality between supervisory negligence and environmental contamination. Regarding this issue, based on Objective Imputation Theory, polluter does not carefully perform the supervision obligation of pollutant, increasing in pollution risk, resulting environmental contamination. The negligent crime of polluter’ supervision in the third-party should be punished as the crime of environmental contamination.

Jiani Tan. Study on Negligent Crime of Polluter’s Supervision in the Third-Party Treatment of Environmental Contamination. Academic Journal of Humanities & Social Sciences (2024) Vol. 7, Issue 9: 50-55. https://doi.org/10.25236/AJHSS.2024.070909.

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