| The constitution of environmental crime is not only a core set of environmental crimes, criminal responsibility is a key factor in defining the environment. Constitute a theory of environmental crime will help improve the identification of environmental crime, environmental crime, contribute to the accuracy of conviction and sentencing, to make the environment a more complete and rational criminal justice system. In judicial practice, under criminal law to punish the behavior and environmental damage are rare, mainly environmental legislation is not perfect, environmental crime is different from traditional crime. New characteristics of the traditional theory relating will not meet the environmental crime development. Constitute a theory of perfect environmental crime, improve the environment of the theory of criminal law, combating environmental crime, legal system for environmental protection is important.This constitutes the first overview of environmental crime, environmental crime on the form have a preliminary understanding,through analysis and research of environmental crime should constitute a factor worth considering-further the perfect as the foundation.Second, the environmental crime legislation posed to understand, then that provision from the legislation, in practice the application of the analysis, which indicates that environmental crime essential elements are not suited to current environmental development needs. Crime theory by analyzing environmental problems, you can see all aspects of environmental crime is imperfect in form, and not meet the needs of social development. Analysis of the problems through the legal defects of the reasons Elements can be summed up in order to identify environmental crime would constitute a crime, the subjective and objective elements of a reasonable uniform.Third, further investigation by the external law of the land of environmental crime can be seen in many countries have adopted the subjective aspects of the principle of strict liability. Denied the principle of strict liability for their actions to improve the people's attention level, careful use of environmental resources and prevent possible to identify subjective sin perpetrators go unpunished, thus preventing serious environmental accidents has its positive significance But this principle the introduction of the field of environmental criminal is bound to the greatest challenge to traditional criminal law, this principle is with the basic principles of criminal law in contrary to the principles of legality. This makes environmental crime will need to break away from traditional criminal law and necessary in the application of strict limits. By analyzing the application of strict liability, although not suitable for our specific situation, but to get inspiration is the situation of China can apply the principle of presumption of fault. Finally, in the main form of environmental crime, subjective, object, objective aspects of a complete set of ideas to expand the environment in the main subject areas of crime, increase in government for the environmental crime of the main ideas; in subjective terms, to sin presumption subjective judgments of environmental crimes to solve difficult practical judicial distress; in the object, the built environment to the environment of human rights and national resource management system of the double object; in objective terms, to increase penalties for environmental Dangerous recommendations. Legislation adopted the concept of environmental crime on the characterization of specific criteria for environmental crimes constitute reasonable suggestions. Adoption of legislation to provide theoretical platform.In this paper, theoretical analysis and practical analysis, conclude and summarize in our country, reference to foreign environmental crimes, Crime traditional four elements that the environmental crimes constitute specific parts analysis of comments and improve the concept, with a view to environmental legislation to provide reference suggestions.
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