The section 338 of the criminal law has be modified by the “criminal law (amendment viii)”.With the modification, the incriminate threshold of pollution environmental crimes has been reduced, the scope of the environmental crimes has been expanded too. And also, the deterrence has enhanced by this modification. But, the criminal law amendment has not only given the criteria of the serious pollution of the environment, but also explicitly given the range of “hazardous substances”. Besides, the sentencing of the crime is also unreasonable. Therefore, there are still many missings in this modification. It is necessary to remedy of the missings by the way of judicial interpretation.