The Study On Subjective Aspects Of Environmental Crimes

This thesis introduces some subjective outcomes of environmental crime both at home and abroad, and demonstrates some points on environmental crime subjectivity. According to these, the thesis proposes some views and in light of China's reality, a number of legislative proposals are put forward. This paper is divided into four parts:The first part is on the environment, environmental crime and environmental crime subjectivity defined. China's foreign environmental crime and the concept of a and comparative analysis was carried out between the concepts of environmental crimes in China and in foreign countries, and then come to understanding of the concept of environmental crime clearly.The second part is on the specific environmental crime. Environmental crime intention includes two elements. Firstly, a person who knows their actions will cause environmental damage or harm human health or the community, "knowingly" is a psychological understanding of factors; Second, on the basis of knowingly" a person hopes or wish that this laissez-faire or social harm to human health occur, the so-called "wish or laissez-faire" is the will of psychological factors. Therefore, environmental crime intention possesses psychological factors and will factors.The third part is on criminal negligence on the environment. Criminal negligence is a subjective mentality in the environmental crimes. In this part, the authors analyzed the origin, content, and the criteria of the ability to foresee of the foreseeable obligations about environmental crime negligence. And discusses the danger of environmental pollution negligence as well as the reflection of business negligence in the environmental crime.The fourth part is on strict liability issues of environmental crime. Environmental Protection needs for a complete legal system criminal law, as a final legal barrier to protect on social benefits, which plays a vital role. Environmental pollution incidents become more and more frequent today, the traditional fault has exposed shortcomings. In order to better protect the public interests better, we will introduce the strict liability with the changing of the times This thesis on the basis of strict liability, integrates the successful experience of foreign countries and the reality of the situation in China to introduce the strict liability into the environmental crime, and put forward some legislation envisaged.