The Environment Crime Constitution And The Legislation

With our country's reform, the environmental pollution accident occurs repeatedly, the environment crime increases day by day. Corresponds with this, the environment crime cases which processes after the judicial organ do not massively increase. Therefore strength in the environment crime research has been urgent. Now The author research the environment crime from the crime constitution .In environment criminality theory, the natural person may take the environment subject of crime does not have disputation in the theory and the service. The legal person is also accepted by the criminal law theory and the service. The country in theoretically may become its subject of crime, certainly does not have the universal judicial practice significanceAt present, the environment crime in the object is the national environment resources conservation control system, but looked from the environment crime essential characteristic, the environment crime object is not only the social management order but also the environment power.In environment crime subject, we have the strict responsibility theory. But the author thinks that we should persist in mistake responsibility theory, and proposes some ideas to the crime subject. Whether the behavior person did realize to its behavior illegal is not the subjective important document content.The environment crime's objective involves the behavior way, the harm consequence, and the causal relation. As the environment's causal relation is extremely difficult and complex, some new theory in the civil is introduced to the criminal law.We have made some progress in environment crime legislation. We have had special chapter to punishment environment crime, Expanded the environment criminal scope, Increased the unit to response the environment crime, increased the environment crime penalty. But our country's criminal law to the environment crime still has some insufficiency. The environment crime pays more attention to the property, person's harm, than the ecological environment. The environment crime takes the result as the punishment object, lacks stipulation which violates about the danger. The penalty system is unscientific. We also have many insufficiencies in the charge establishment aspect. To these insufficient, the author brings forward some legislation countermeasure. We should develop environment criminal law's extent, establish ecology benefit as the environment criminal law's most important goal, and so on.