The Legislation Discussing On Potential Damage Offence Of Environmental Crime In China

With development of society, the environment become more and more severely and become the major problem relating to human's survival and development. Many countries have increased the force of environmental protection and absorbed environmental elements into the scope of criminal law, potential damage offence of environmental crime has been provided in most countries.Criminal Law of China, 1997 sets up"Environment and Resources Protection Act"to fight against the environmental crime specifically, which makes up for the gaps in environmental legislation in a certain extent, but in general, it is still deficient. The mainly issues are as follows: Most environmental crime punishment on condition that serious loss of life, health and public or private property, mainly provision for behavior and consequential crime, but without potential damage offence. Such an environmental criminal legislation doesn't deterrence, combat and prevent environmental crime effectively, and isn't conducive to the protection of our environment.The point of establishing potential damage offence of environmental crime in China has been denied and definited two different perspectives. The article stands in the definited position considers that it is necessary and feasible to establish potential damage offence of environmental crime in environment criminal legislation. The characteristics of environmental crime, environmental crime has serious social harm, needs for crime prevention, the needs of international Criminal Law which decide the need for the establishment of potential damage offence; establishing potential damage offence in line with the changes in value orientation of environmental criminal legislation, is consistent with environmental and ecological legal interests theory, and there was no obstacle to application of criminal law. Because of potential damage offence of environmental crime is the theory combination of environmental crime and potential damage offence, the definition of potential damage offence of environmental crime will be integrated into: nature or corporation violates environmental protection laws and regulations, polluting and damaging to the environment, sufficient to cause the environment pollution or damage to environmental law benefit or human law benefit at risk of legal status as one of the elements of constituting a crime, and the environmental risk behavior which to violate the special provisions in criminal law. Its categories should be established in environmental criminal legislation including: concrete and abstract potential damage offence, intentional and negligent potential damage offence, natural persons and legal persons potential damage offence. The conceive of setting up these specific potential damage offence needs based on the two aspects of theoretical and legal basis, where on the basis of adding the corresponding accusations appropriately to study .