On The Objective Aspect Of Crimes Of Endangering Environment

After entering the 21th century, the environmental issue is becoming more and more prominent and has a strong influence on human being's subsistence and development. The construction of environmental protection law has become an important task receiving universal attention from the international society. Almost every country in the world has strengthened the crucial function of criminal law in the environmental protection, so has our country. The Criminal Law of 1997 set up a special sub-section for the environmental crime for the first time, which is praised as a great breakthrough of the criminal legislation on environmental protection in our country. It shows that the country determines to protect the environment and insist on a sustainable development by employing the most severe law weapon, the Criminal Law. To be frank, the start of our environmental legislation is a bit late and the system is not so perfect. Especially, there are deficiencies in the regulations of crimes of endangering environment. This thesis attempts to systematically discuss the objective constitutions from the viewpoint of the constitutions of crimes of endangering environment and propose my own suggestions by combining related legislation regulations to make some contribution to the perfection of legislation in our country.Encircling the focus of the objective aspect of crimes of endangering environment, there are 5 chapters in this thesis:Chapter 1 discusses the conception, constitution and its features, and the objective aspect of constitution of crimes of endangering environment, which lays a logical and theoretical foundation for the latter parts.Chapter 2 gives a detailed analysis to the acts of endangering environment. First, itdiscusses the topic of identifying the illegality of the acts of endangering environment—the administrative subordination of crimes of endangering environment. Then, according to the standards of the acts of polluting the environment, the acts of destroying resources and the acts of delinquency of environmental supervision, and combining the types of crimes of endangering environment of legislation both in China and abroad, a detailed discussion is presented.Chapter 3 encircles the constitution of the results of crimes of endangering environment. It suggests that there are three types in accomplished offense, i.e. consequential offense, potential danger offense and behavioral offense. Then, combining the theory of environmental criminal law, the features of crimes of endangering environment and the advanced legislation experience, the author suggests that potential danger offense should be identified in the crimes of endangering environment of environmental criminal law.Chapter 4 deeply analyzes the constitution of causal relationship in the crimes of endangering environment. According to the difficulties which traditional causal relationship meets in identifying crimes of endangering environment, it introduces three...