A Study On The Application Of Strict Liability In Environmental Crime In China

Compared with ordinary crime, environmental crime has its own particularity. The basic characteristics of environmental crime mainly for behavior means of concealment, the behavior way, the complexity of causality, professional consequences happen slow and difficult to remedy. Strict liability is one of the applicable imputation principles in civil law, which is applicable to the field of criminal law, should be traced back to the late nineteenth Century and early twentieth Century, it was used in the public interest and social welfare crime of Anglo American countries. Because of the need to punish the pollution crime, strict liability is gradually been applied in civil law countries. On the basis of whether to allow the defendant to put forward a reasonable excuse, strict liability can be interpreted as the no fault liability and presumed fault liability, no fault liability is also called for absolute liability, fault presumption responsibility also known as relative strict liability. The principle of strict liability is becoming suitable for the field of criminal law by more and more countries and regions. As a special liability principle, strict liability has a certain relationship with vicarious liability, legal error, mistakes of fact, unexpected events and causality in criminal law.In the UK, strict liability crimes are mostly from the statute law, strict liability usually only be used in the public nuisance crime, criminal libel, contempt of court and sacrilege in common law. Environmental crime is one of the important field of applicable to strict liability in the criminal law of UK. In fact, there are also development of British environmental crime about strict liability system in the early, that does not consider the behavior of negligence crime case. In the USA, some harm behaviors that lack of criminal psychology is often also constitute a crime, which is the absolute responsibility in criminal law of USA. Provisions regarding the strict liability in criminal law of USA focuses on public welfare crime and moral content of crime now, most of which belong to the public welfare crime. As the imputation principle of environmental crime, strict liability usually scattered in the environment protection laws in United States. The common law countries is case law countries, the crime theory system presents the double layer mode, and they use the characteristics of the adversary litigation mode, which are all the reason that strict liability principle can be used widely.Generally speaking, criminal law in the mainland legal system country is generally against strict liability, which is the same in environmental crime. But in the modern society, along with the environmental pollution crime and other crimes of endangering the public interest increased, some civil law countries also began to introduce the principle of strict liability in the fight against crime. In Japan, the strict liability is mainly reflected in the special law. In order to protect the public life and health from infringement and make risk maker responsibility, the traditional fault theory is modified, and strict liability is introduced in Japan. Strict liability is mainly scattered special law in the French legislation, and is usually applied in the non crime field. Although there is no strict liability provisions in French criminal law, but in the judicial practice, the judge often suitable the strict responsibility for some special crimes for the exception. Because the theory of continental law system country criminal system paid more attention to the construction of theory system, criminal law theory is more knowledgeable, the dispute of school is more outstanding, and the continental legal system functions and powers doctrine lawsuit mode makes the allocation of the burden of proof is more specific, the crime constitution elements are proved by the prosecution, therefore, the principle of strict liability is difficult to be accepted.Presumption of fault liability in the civil law is not absolute does not consider the offender’s subjective fault, but given the offender defended with subjective that there is no fault of the right, so it belongs to the relative strict liability; absolute no fault liability does not consider the offender’s subjective fault, which essentially belongs to the absolute liability. The principle of imputation of the environmental crime follows the principle of fault liability in mainland of China. The principle of strict liability failed to get the current application of the constitution of environmental crime in the mainland of China. Region in Hong Kong is used of the common law system, and strict liability used in the environmental crime is common. Like what generally applicabled in the modern Anglo American law countries, strict liability of environmental crime in Hong Kong area are applicable also belongs to the relative strict liability. Environmental crime in Taiwan region are more scattered in various non criminal legal norms. In the constitution of environmental crime, it also mainly features of continent legal system criminal constitution theory. In the environmental criminal liability, it also follows the responsibility principle of the fault in the Taiwan area In the environment criminal charges of our country, the subjective aspect of environmental pollution crime is both intent and negligence. The subjective aspect of illegal disposal of imported solid wastes is intentionally. The subjective aspect of import of solid waste without authorization is fault. The subjective aspects of environmental criminal damage type are all intentionally.Whether environmental crime can apply the principle of strict liability or not is disputed in criminal law educational world in our country. Opponent point of view can be summed up as the main, strict liability has violated basic principles of consistent with the subjective and objective in the criminal law of our country; applicable to strict liability may hinder economic development; the penalty is not the best choice to curb environmental damage behavior. Supporters of the main point of view can be summarized as:strict liability can improve judicial efficiency, saving the cost of justice; it can make up for deficiencies in the traditional fault liability; strict liability is the transformation of our social economic structure requirements on the pollution of the environment crime. In my opinion, environmental pollution in our country present situation is very serious, the traditional fault liability principle in environmental crime is difficult to apply, and the application of the strict liability can improve the economic benefit of environmental criminal proceedings. Moreover, strict liability is not conflict with the traditional fault liability principle in our country, and has no contradiction to Shall not be forced to incriminate himself, the changes of the function of criminal law also provides the reality basis of strict liability apply. Accordingly, strict liability can be applied to environmental crime of Chinese.The application of strict liability in criminal field must meet some requirements. Legal principle of strict liability means, the law must clearly define the suitable situation of strict liability, including its applicable objects and the charge can be applied and so on. Supplementary application principle of strict responsibility reflects that, in the field of environmental crime, the principle of fault liability shall still belongs to the general principle of imputation. As a special liability principle, the principle of strict liability just belongs to a supplementary principles, it can be applied to a few environmental crime of legal categories that the principle of fault liability cannot play the value. Doctrine of the defendant defense refers to the defendant shall have the right to defense, including the specific content:the behavior of no fault, third people behavior and other defense. For the applicable of strict liability, it must clear the applicable object and the crime. In the implementation of the environmental crime of natural person, there won’t be much difficulty for the procuratorial organs in the proof of this kind of environmental criminal cases. It should not need to use strict liability for the environment crime of natural person. Environmental crime enterprises mainly acts of environmental pollution, pollution consequences of enterprises often have long-term, potential, causality is extremely complex, the traditional fault liability cannot cope with it. The applicable object of corporate environmental crime should be the principle of strict liability. In polluting environment crimes, environmental pollution crime is generally implemented by the enterprises in the production and the development process of the crime, it typically exhibit the implementation of the enterprise as a legal person behavior characteristics of environmental pollution, strict liability principle shall be applicable to environmental pollution crime. The criminal law causality of the crime of illegal disposal of imported solid wastes and the crime of import of solid waste without authorization is not complicated, and it’s relatively easy to maintain the subjective fault, so it should use traditional fault liability principle. The subjective expression of environmental criminal damage type is general performance intentionally, the subjective aspect is easy to identified, so it should use traditional fault liability principle.