Study On Issues Related To The Subjective Fault Of The Environmental Crime

With the advance of industrialization, environmental pollution has become one of the most urgent problem that mankind must face and solve increasingly. Environmental pollution and ecological damage acts can't only stay in the level of government regulation, but also regulated by the most stringent measure, criminal law. as the last bulwark, how to make the criminal law to prevent and punish acts of environmental has become the most concern and also the most intractable problem.To play a criminal punishment and prevention of environmental crime in the active role, then the composition of environmental crimes to specific elements of theory is necessary. Subjective fault is a very important element in the environmental crime constitutes. The Criminal Law Amendment ;xl has been into Implementation, which has set a new direction in the research of environmental crimes in our country. In this paper, Criminal Law Amendment ;xl of environmental crimes related ordinance amendment as an opportunity, the subjective from the Environmental Crime subjective fault as the research object, questioning from the introduction and analyzing the issues related to the subjective fault in the three parts systematically.In the introduction, I start from the concept of environmental crime. The current criminal law in most of the countries, including China, has been transferring from Traditional legal interest doctrine to ecological legal interest doctrine; at he meantime the author studied the Yancheng water pollution cases through a general analysis, and points out that there still are some problems existing in the criminal practice, and a reflection of gaps in our environment, Criminal Legislation.The first part of the body is the general description of the fault of subjective of environmental crime. This section reviews the criminal legislation of the status of environmental crime, environmental crime and the subjective analysis of the special nature of fault; followed by the subjective guilty of environmental crimes in the form of a theoretical dispute, in this part of our traditional criminal law theory from the intentional and negligent of the two kinds of subjective forms of fault, discussing the environmental crime theory of the subjective differences that exist in fault, and the various differences is reviewed, and presented the views of the author; once again the case as a typical example of Yancheng water for environmental crime of the criminal justice squadron subjective theoretically identified the confusion of sorting out.The second part is imputation of the subjective basis of environmental crime, environmental crime in a comparative analysis of the subjective fault, based on the interpretation of the traditional imputation theory in the face of the difficulties of environmental crime, and national criminal law theory on the traditional fault liability doctrine correction, in which strict liability as the focus of analysis. At the same time based on our current situation of environmental crimes legislation, the responsibility of a strict application of environmental crime issues, the author's point of view is limited to strict liability under the premise of presumption of fault liability, environmental crime in our country can be strict liability applies, if that strict liability is liability without fault, shall not be applicable.The third part is environmental crime of criminal legislation the provisions of the Improvement of subjective fault. This part of the system analysis of the crime of criminal legislation on the environment should follow the provisions of the subjective fault of the ecological interests of the core values and to help improving the criminal law for criminal environmental protection and benefiting the environment as the basic principles of judicial practice and in accordance with Criminal Law amendment viii the latest requirements set by the new orientation of the environmental criminal law fault of environmental crimes provisions of the subjective improvement recommendations made, the author's point of view is fault of environmental crimes to the provisions of the subjective, it should be first in theoretical identification to determine fault on the subjective criteria, specifically the provisions of fault in the form of legislation and regulations to follow different patterns of crime in different principles to the fault.