On Constituent Elements of the Environmental Pollution Crime
|School||Central South University|
|Keywords||the pollution of the environment causation theory dangerouscrime the principle of strict liability|
Abstract:The pollution of the environment crime is a violation of the provisions of the law of prevention and control of environmental pollution, which cause the environmental pollution and serious consequences, in accordance with the law shall be subject to criminal punishment behavior. The environmental pollution crime is supplementary provisions, the Supreme People’s court and the Supreme People’s Procuratorate on the "PRC Criminal Law Amendment (eight)"(hereinafter referred to as the "eight amendment") cancel the original charges "the crime of major environmental pollution accident", and changed it to "the environmental pollution crime". Although in recent years, there are certain results in the means of penalty applying to the environmental protection,but the deterioration of the environment of the momentum has not been effectively curbed, it is necessary to examine and study the environmental pollution crime, the constitutive elements of crime of polluting the environment to explore. In order to solve the judicial determination of the crime and punishment problem, from the constitutive elements of crime of polluting the environment, making analysis of the disputes and problems existing in subjective and objective elements constitute, such as should be clear about the environmental pollution crime subject and criminal psychology, it is generally believed that the subjective fault of major environmental pollution accident crime is negligence, the author thinks that the subjective fault of the environmental pollution crime include negligence and indirect intention, and we should apply the principle of strict liability; The subject of crime include the natural person and company, especially the company responsibility who should commits the crime of polluting the environment; The object of this crime should be a complex object, which includes both the environmental right, also includes the personal and property safety. The predecessor of the crime of major environmental pollution crime is consequential offense, now after modified a lot of people think it is still the consequential crime, so that the form of crime should contain the dangerous crime, and according to the difficulties existing in the theory of causation of our objective applied in judicial practice, there should be cited in epidemiology causality theory and the principle of causality presumption in our country.