关键词： 污染环境罪, 实证研究, 《刑法修正案（八）》, 司法解释

Abstract: With the criminal law amendment and the judicial interpretation entering into force,the number of the crime of environmental pollution has increased rapidly.In practice,the crime is often committed by more than two people,yet controversy exists as to joint offense.Illegal discharge and pouring of wastewater is most frequently seen in the crime;however,effective supervision from industrial,commercial,and environmental protection departments is often missing.In judicial adjudication,problems of confusing evaluation institutions and evaluation procedures have occurred frequently.Therefore,it is necessary to establish and perfect the evaluation system of environmental damage,clarify the disputes of crime subject,and definite the standard of severe environmental pollution.In penalty settings,the degree of freedom penalty might be extended,and the fines should also be divided into different rates,made by the judges within certain degree in accordance with specific conditions.

Key words: crime of environmental pollution；empirical study；Amendment Ⅷ to the Criminal Law of the People&rsquo, s Republic of China；judicial interpretation