The Research On Potential Offense In Environmental Crime

As the environment problems become more and more serious, China has not only spent enormously in economic but also in legal protection, the continuous modification of the legislation of environmental protection would be necessary.The legal protection for environment would be based three aspects: executive, civil and criminal. If only focus on the measures of executive and civil, there would be some constraints in the protection of environment. Furthermore, the pursuing of short-term economic interest will cause the shortage of resource, worsen the environment and break the balance of nature, however, there only tiny portion of the environmental criminal cases were judged by criminal law. Therefore, we could say that the unique deterrent power of criminal law still have not be expounded, increase the legal protection of criminal law would be necessary.The traditional concept of environmental crime focuses on the injuries of human body and the loss of property, but neglect the harm of environment。In terms of legislation, the material damage of human body and property constructs criminal, but without any provision for the damage of environment. Then the outcome is that there are only provisions for behaviour and consequential crime, but without potential offence.In theory, by tracing the development of the adjustment and control of the law towards the environment and comparing the different concepts of the environmental crime home and abroad, also with the point of view"harmonious development between human and environment", we rebuild the concept of the environmental crime and re-examine the characteristic of the environmental crime. At the same time I analyze the patterns of the environmental crime and sort out the concepts about the potential offense in our country. Using the foreign mature theories as reference we get the approximate consensus about the theory of the potential offense of the environment crime. In practice, by the legislation review on the environment crime pattern abroad and the horizontal comparison of the national environment crime we also analyze the necessity of adding the potential offense in our national environment crime. Reasoning the feasibility from both sides we put forward basic legislation groundwork: the legislation precondition- causing damage to the legal interest, the legislation standard-the judgment of the environment crime.