On The Accident Crime Of Great Environmental Pollution

The accident crime of great environmental pollution, as a new charge of criminal law in 1997, had a great deal of theories and practice problems to deserve the discussion. For many years, the scholars have not reached the extensive common understanding on these problems, such as the subjective constitution, infringed object and the difference between the crime of throwing in dangerous substance and relevant crimes. By probing into above-mentioned problems, help us grasp the crime characteristic of the great environmental pollution, apply criminal law properly, and then promote the sustainable development of the ecological environment.In my opinion, the subject of the accident crime of great environmental pollution is a general subject; The infringed object is a complicated object; Subjective respect can only be negligent, can't be suitable to " rigorous responsibility principle "; The objective respect is shown as the behaviors of toppling over or handling the hazardous waste to land, water body and atmosphere, which violates the national regulation. And it is essential that the great environmental pollution accident is caused, public and private property suffer the serious consequences of great losses or loss of life. Moreover, the accident crime of great environmental pollution not only connects with but also differs from the crime of throwing in dangerous substance, throwing in the dangerous substance in negligence, the offense of environment supervision misconduct in office, the crime of violating regulation of management of the dangerous article, handling the external solid waste illegally and importing the solid waste without authorization. So comparing this crime with relevant crimes, contributes to understanding the each crime characteristics correctly, applying criminal law properly in the judicial practice.The article 338 of criminal law stipulates that it is a result crime,...