Research On The Constitutive Elements Of Environmental Crime

Environmental crime, as a new criminal pattern in the theory of criminal law and in the fields of criminal legislation and justice, is getting more and more severe in the recent years.It has also become a common sense that people protect environment by means of criminal sanction all over the world.However,there exists a factual problem that it is less punished.The phenomenon above is basically attributed difficulty in defining constitutive elements of environmental crime and working in practice.Based on ready theory,the author illustrates and comments on four concrete constitutive elements of environmental crime, as well as emphasizes some important related problems, so as to provide some useful ideas and suggestions in environmental criminal legislation and justice.The paper is constructed of five parts.The partâ… is on theory research of constitutive elements of environmental crime, and establishes the principle basis to constitutive elements of environmental crime.The partâ…¡mainly illustrates the definition of the object of environmental crime, and focuses on"double-object"theory as well as its affection on our environmental criminal legislation.The partâ…¢is on the objective aspects of environmental crime, and focuses on the principle of deducing cause-effect relation and the legislative research of danger crime.The partâ…£analyses the subject of environmental crime, and emphasizes the subject qualifition such as country, office and international organization.The last part is about the subjective aspects of environmental crime, and mainly explores into the theme that strict liability can not be adopted in our environmental crime.