Research On Constitutive Requirements Of Environmental Crime

Create material wealth and comfortable living environment of modern industrialcivilization development of human society. At the same time, also destroyed theharmonious relationship between human and natural environment, seriousecological and environmental problems have gradually appeared. Especially intwentieth Century since the50’s, with the rapid development of economy,environmental problems become increasingly serious, for the performance ofseveral aspects of the greenhouse effect, ozone layer destruction, depletion ofnatural resources etc. After human enjoy Wonder full Life to rethink how to developeconomy and environmental protection developed by means of behavior regulationof environment and resources law, which enables the realization of sustainabledevelopment to the maximum extent. Environmental protection has become theconsensus of the people, in the process of a people is in a variety of efforts, but theface of the deteriorating environment, various efforts seem to be less effective.Protect environment has become the consensus of the people, in the process ofa people is in a variety of efforts, but the face of the deteriorating environment,various efforts seem to be less effective. The criminal law is Protect environment isthe most powerful weapon, people gradually realize that in other means can notachieve Protect environment situation, will have to hope in the environmentalcriminal law.Environmental criminal law as the ultimate means Protect environment, theneed for more detailed provisions on environmental criminal behaviors, especiallythe constitution of environmental crime is the foundation of environmental criminallaw play a role. The paper is divided into the following five parts:The first part is the basic problem of environmental crime. Described in this partof the environmental crime related basic concepts, and discusses the nature of theproblem of the environment crime constitution, is the theoretical basis for the wholepaper. The second part is the object of environmental crime. This part starts from thedifferent theories on the object of environmental crime, focuses on theenvironmental rights as the object of the environment crime reason, provides thebasis for the protection of the clear object of environmental criminal law.The third part is the objective aspects of environmental crime. This part focuseson the behavior of environmental crime, dangerous crime cognizance of theintroduction and the causal relationship between the recognition problem, toaccurately identify the environmental criminal behaviors and lay a solid foundation.The fourth part is the subject of environmental crime. Proposed how to identifythe unit subject problem. Also analyzed the possibility of doing problems for thecountry the subject of environmental crime.The fifth part is the subjective aspects of environmental crime. Analysis of thecharacteristics of environmental crime intention and negligence, put forward the"joint negligence" of the problem, and put forward from the angle of practicemethods to solve the environmental crime "joint negligence". Discussed the problemof strict liability, according to China’s existing legal system, not suitable for theintroduction of strict liability of environmental criminal law, and puts forward theenvironmental crime behavior subjective intention to commit a crime the way.