Research On The Objective Aspects Of Environmental Crime

Regulated by the criminal law, the objective aspect of Environmental Pollution Crime is an objective explicit feature, one of the components of environmental crime, illustrating the act that breaches the environmental social relationship which is protected by the criminal law. It is not an independent concept. The contents and outward manifestation are indispensable to the recognition of specific environmental crime and the whole concept of environmental crime. It is a vital criterion of guilty and not guilty. A close investigation into the objective aspect of environmental crime could contribute to a correct judgment and cognition of environmental crime, thus it could result in precise punishment of crime, improvement of environmental crime legislation and prevention of environmental crime. At the same time, to understand the objective aspect of environmental crime better, we should clear its relationship with environmental crimes, deepen the awareness of the objective aspect of environmental crime on the base of a accurate knowledge and understanding of environmental crime.In the first chapter, environmental crime and the objective aspect of environmental crime is redefined from a progressive way by a comprehension of traditional and modern definition of the environmental crime. The proposed definition of environmental crime is, a natural person or other subject in light of the stipulation of law violates the environmental protection law and regulations by wrecking, contaminating the environment to the degree of threatening public health or seriously destroying public or private property or endanger the sustainable development of zoology system. Base on this definition, the harmful act of environmental crime is considered as the conduct that harms the whole zoology system, not only the conduct that actually results in destroying environmental resources or jeopardizing human race benefits. The same as other general criminal offenses, the objective aspect of environmental crime contains the harmful acts, harmful consequences and causal relationship between harmful acts and harmful consequences. But taking into account of the unique feature of environmental crime, other component of objective aspect differs from those of general crime. Special attention is required in the research. With redefining the environmental crime, deepening the research on the objective aspect of environmental crime in the act and result of harmful act of environmental crime and the causal relationship, it is anticipated to progressively enlarge the range of environmental crime acts and the result of those, provide more operable principles for presuming the crime based on cause-effect relationship and establishment principle. It is also anticipated to improve the enactment for environmental crime in crime law so as to suppress the harmful act to the environment at the initial stage and prevent irretrievable losses.In the second chapter, discussions about the environmental harmful act are focused on its definition, features, classification and potential problems about regulation of environmental crime in the criminal law. The definition of environmental harmful act, body movement harmful to society and instructed under the consciousness and will, not only include the harmful acts which result in jeopardizing human benefits, making environmental condition in danger, but also comprise the harmful act that do not harm the environment, but violate the relevant prohibiting provisions of law.Point out the environmental crime have distinct features against others, The dual nature of value judgments, administrative subordinated, difficult-to-detect,and classic the acts of environmental crime according to different standard:In light of harmed subjects, there are acts that are harmful or enough to endanger human benefits and acts that are harmful or enough to endanger environment benefit. In light of patterns of harm, there are harmful acts destroying environment and harmful acts contaminating environment. In light of harmful results to the environment, there are consequential offenses, behavior offenses and potential damage offenses. Moreover, comparing and analyzing enactment of environmental crime with law in other countries as well as considering the requirement for social development, drawbacks in our criminal law appeared. Not intact related legislation and regulation on environmental protection need to be improved with the emerging trend of environmental crime. Incorporate the harmful acts which are against other environmental factor and The current environment of Environmental Administrative Law and Criminal Law do not stipulate into the environmental crime to regulate, including harmful acts against the marine, grassland, air, wildlife, nature reserves, scenic spots and other protected areas, and acts which cause or could cause serious damage to them. Prevent the condition that the acts harmful to the environment can not be guide by regulation from emerging. In addition, in order to unified regulate the acts harmful to environment better the other crimes related with environment should be associated with environmental crime, thereby we could systematic and better regulate environmental crime and protect the environment.In the third chapter, by comparing and analyzing national environmental crime's different requirements of the results, we classify the environmental crime into the environmental crime which require the harmful results and the environmental crime which does not require the harmful results. The environmental crime which requires the harmful results could be assorted into environment resultant offenders and environmental dangerous offenders and the environment crime which does not require the harmful results have the same means with act offender. Meanwhile, analyzing China's environmental crime's regulation about harmful results, the author considers that our country should learn from foreign practices, enlarge the scope of the results of environmental crime, add dangerous offenders in environmental crime and analyze the reason and significance of it. A new accusation, potential damage offenses is recommended in order for criminal law to do a better job on forecasting and guiding, suppressing the harmful act in the original stage and preventing irretrievable losses. In addition to that, the damage due to the newly added environmental crime, potential damage offenses, must be statutory but not be set at will and must objectively exist and which would result in deep, broad, irredeemably destruction or contamination to the environment.The fourth chapter pointed out that the traditional causality theory's plight when it is applied in environmental crime:the results of environmental crime is difficult to be proved, and it is hard to give proof or evidence, it is difficult to identify the environmental crime subject. It also introduces the development of causal relationship's presumptive theory of the environmental crime:analyze and compare the "epidemiology of causal relationship theory," "indirect disproof theory", "the causal relationship presumption theory". And pointed out that the causal relationship's presumptive principle is feasible in China, China's environmental crime causal relationship theory should draw lesson from abroad, put causal relationship presumptive theory into practices. Meanwhile the author point out that we should set a limit when we apply the causal relationship presumptive principle,thereby we could apply the causal relationship presumptive principle reasonably, realize the protection of environment ultimately.