On The Application Of Strict Liability In Criminal Law Of Environment

During the past 20 centuries, with environment problem gradually obvious, apply the penalty means to protect the environment being already approved by every country. But, since the environmental crime, witch has its peculiarity , original fault principle suitable for use have come across a series of resistance and challenge. Thereupon, some countries have led into strict liability when handling this type of crime ,but Whether ought to or not led into this theory, scholar home and abroad having aroused a hot discussion .This paper try to set forth and expound the cognition to this problem, as well submit some suggestions.This research paper consists three parts.In the first part, the author expounds the characteristics of environmental crime. Since the environmental crime has latency, conceal characteristics, it has difficulty to ascertain behavior people's subjective mentality and the relationship between criminal act and endanger result. So, some country adopted some nimble principle–leading into the principle of strict liability. Then ,the article disturbed the application of strict liability in every country's legislation and judicial precedent. To this problem, have two kind of different viewpoints. One kind holds affirmative attitude, one kind holds negative attitude. The former thinks that the application of strict liability can reinforce sense of responsibility of drain contamination person, economize judiciary resource, Improve judiciary efficiency .The latter thinks that the application of Introduce has gone against conviction and penalty according to law principle, gone against the corporal punishment economical principle, be able to restrain the development of the economy. The former has brought forward suggestions on legislation. The latter has submitted the law reform suggestions to the already existence law.In the second part, the author Introduces the strict liability's history evolution process and pointed out that it's a big progress of history for criminal liability contacts with people's free will . But afterwards, since the environment problems become more and more serious, a few countries have begun to break the principle" having been innocent being that the nothing commits a crime ", strict responsibility system has appeared in legislation out of the purpose protecting the public benefit. Secondly, the author discussed the classification and import of the strict liability. From this discuss, we have already known the fundamental means of the strict liability, as well, we have already known it had a lot of classification, the most important classification among them is absolute strict liability and relatively strict liability classification. Third, we expound the defense reason of strict liability. The exemption premises is no-fault and a third party's fault. It also concludes good faith defenses which means the defendant itself must undertakes the certification of innocent. At last, we point out that the principle of strict liability in criminal law and in civil law is different both in value and function.The third part discussed the possibility of applying strict liability in our country. Firstly, we analyzed the problems back of the hot discussion. There are four: No. one is the cognition of the principle of strict liability is different, in our country, there are four different cognitions during the scholar. As we all know, the concept is the starting point of the logic, so, it is normal to have different opinions for the responsibility of strict liability; No. two is the content of"fault"be different in the homeland and in abroad, it is a general rule that the mental attitude for crime contain recognition element and will element, but the regulations about intentional crime and negligent crime have many different between civil law system and common law system. Because the difference conception of"fault"between home and abroad criminal theory, the standard of strict liability is also different; No. three is the notion of criminal in our country is different from the western country. Many western country are not strictly classify the crime and general break the law, so, being a criminal act in their country is always not completely in our country, it just breaks the administration law or economic law; No. four is the distinguish of strict liability, absolutely liability and no fault liability is not clear. The formal strict liability and absolutely strict liability always mingles with each other. The modern strict liability is unlike absolute liability, to some special crime, the judge does not testify criminal intention as the public procurator who decides the criminal liability precondition request, so long as the defendant has been put into a certain, disabled act according the law, and can not testify self "without fault on subjectivity" is to may be condemned to guilt.The secondly is about whether our criminal legal system can contain the strict liability. According to our general principles of criminal law, absolute strict liability should not exist in our criminal law. But, relative strict liability can be contained by our criminal law. Because it is need to ask behavior people's subjective fault in the end. It is also not contradictory with the principle of presumption of innocence. With this kind of strict liability, we can not only improve our judiciary efficiency, but also economize our judiciary resource, give consideration to both justice and fairness.Finally, the author has assumed a simple tentative plan of applying strict liability in our environmental criminal law: establish a system that the corporation being the main object of applying strict liability, adopt the principle of presumption of innocence, adopt shifting of the burden of producing evidence, allow the defendant to hold defense reasons such as"no fault"or"a third part's fault". In a word, my opinion is applying the principle of strict liability in the article 338 and article 339 in criminal law.