On The Strict Liability Of International Environmental Crime

What this paper explores is a prospect study of international criminal basic theory. With the development of society, international environmental crime is brought into international criminal system gradually, too. Obviously, the key concept of this paper is strict liability. While there is no definite admission in the Continental law system, and countries of Anglo-American law system have not reach an agreement on it. Further more, there is a great deal of dispute on the definition and nature of strict liability among China's criminal law academic community, too. Whether we introduce the theory of strict liability into China's environmental criminal practice from Anglo-American law system, and how to evaluate this theory, scholars of Chinese criminal law academic community have not reached an agreement. In the author's opinion, strict liability is not the antithesis of offense liability. In both Chinese criminal laws, regional and international environmental criminal law, strict liability has its existential rationality. In geography and ecological environment, Xinjiang Region and Central Asia have a close relation. And there exists similarity between USSR Central Asia Area and China's criminal law, too. As a result of reasons above, the author thinks that it is feasible to study the strict liability system of Central Asia and China has its feasibility. Combining international criminal law and international environmental crime, and starting with strict liability of Anglo-American law system, this paper intends to expound and prove the rationality and feasibility of strict liability in international environmental crime.