On The Causality Of Envronmental Pollution Crime

This text is divided into totally four chapters, and its abstract is as follows:Chapter 1 briefly introduces the crime of polluting the environment. Firstly, it makes an explicit define to some basic concepts. The environment should be a concept that combines human environment and ecological environment together. The definition of environment in environmental crime and that in environmental science should be demarcated. And the environmental criminal law should have to protect the independent benefit of the ecological environment. Secondly, it analyzes the characteristics of this crime: The reason of pollution is complicated abnormally; the result of pollution is very severe but can't be found immediately; the pollution knowledge is often monopolized by its producer.Chapter 2 discusses the traditional theories of causation and the predicament when they are used in environmental crime. The article points out the significance of causality in the criminal law firstly. According to the principle of the self-responsibility for one's own criminal behavior, we must have to study the causation. Secondly, the article introduces the theories of causality in Anglo-American criminal law and in civil law system and the traditional theories in our country's criminal law. Nowadays, the theorie der adaquaten Versachung is the common theory in China. At last, the article discusses the conflicts between the crime of polluting environment and the traditional causality theories because of the special characteristics of this kind of crime. The traditional theories fall into a tremendous challenge.In Chapter 3, the article introduces the innovation and development of causality theories in foreign countries. The representative theories among them are the epidemiology theory, the indirect counter-evidence theory and the constructive causation theory. This text mainly introduces these three kinds of theories from the connotation and the judicatory in details, and makes a conclusion that the constructive causation theory is most valid in the protection of the environment. In Chapter 4, the author makes a conclusion that our country should apply the constructive causation theory in the environmental crime. First, the author demonstrates the possibilities that China should transplant this theory. Second, we need to follow some certain methods and some restricting principles while applying this theory. At last, according to the style of legislation in our country, the author thinks that our country should provide the constructive causation theory in the judicatory explanation of the Supreme Court.