On The Environmental Elements Of The Crime

Accompany with the rapid development of modern technology and economic, unprecedented prosperity was brought to human life, but also the unprecedented human disaster. The gradual depletion of resources, ecological destruction, even endanger the survival and development of humanity, the situation is so serious that more and more attention was paid to it. Environmental problems become increasingly serious and many countries have adopted various response measures, and all the environmental issues were brought into the orbit of law. Developed countries have started large-scale specialized environmental legislation, and it took an impulse to the formation and improvement of environmental legal system. And one of the common trend is to strengthen the criminal law protection of the environment, and takes the criminal law as a final means in environment protection. China is no exception, and in 1997 additional amendments to the Penal Code devotes a special section of environmental crime, but still there are loopholes. As a new type of crime, environmental crime, and complexity of its social harm of crime is higher than the other, the application of traditional theories of crime explain constitute elements of the environment-related problems of crime in the acclimatized, can not resolve many different parts of the problems, and we need to make some changes. This article gives an analysis on the constitutive elements of the environmental crime, to describe the limitation in dealing with environmental crime while using traditional principles of criminal theory, and to explore the various elements of Environmental Crime natural state or trends should be.Full-text including introduction, body and conclusion parts, divided into the following areas are discussed:The first part, an overview of environmental issues and environmental crime. The seriousness of environmental issues, makes environmental issues into the scope of criminal law in most of countries. On the concept of the environment and environmental crime, in theory, there are still many disputes, and makes it difficult to the practice. Clarifying the concept of environmental problems contribute to showing the way of Criminal Law application, and to analysis of environmental crimes for the following elements.The second part, an overview of the composition of elements of environmental crime. The environmental crime, including the composition of four elements, namely elements of the object, objective elements, the subject, the subjective elements. And the four elements of environmental crime is the unity of the organic links. Environmental problems and new environmental ethic develop the vision of traditional criminal law. Based on its own characteristics of environmental crime, the use of the traditional elements of crime theory can not solve the emerging environmental issues. Environmental crimes in the concept of environmental ethics needs to be integrated into.The third part, study on the object elements of environmental crime. There are different opinions in Elements of the object of environmental crimes in theory. By analyzing views on the pros and cons, combined with environmental crime characteristics and recognition the value of the environment, we drew that the order of the state environmental protection administration is the Reality legal interests of Environmental Crime and environmental rights should be the ideal legal interest. With the continuous development of society and people's environmental awareness, environmental rights will be the object of environmental crime.The fourth part, study on the objective elements of environmental crime. Elements of the objective aspect of environmental crimes include criminal offenses, criminal results, and the causal relationship between the offenses and results. Based on the dual nature in value judgments of the environmental offenses, the violation of administrative law is one of the necessary conditions. Through analysis, we know that it is unreasonable that traditional requirements of human life, health and property damage results must be caused by criminal behavior, and the result of damage to the environment should be taken seriously. Environmental criminal law in china provides the results guilty, the acts committed and dangerous behavior wasn't raised to its rightful place. Based on the particularity of environmental crime, The causal theory in criminal law had little effect, it requires the introduction of a new theory of causation, we call it presumed causal theory.The fifth part, study on the subject elements of environmental crime. The subject of environmental crimes in our country, including natural persons and units, unit environmental crime must have certain conditions. By analyzing, states can not be the subject of national crime, and in theory, it could be the subject of international environmental crime, but it needs the continuously improvement in manners of criminal responsibility.The sixth part, study on the subjective elements of environmental crime. Environmental criminal law in china, including intentional and negligent subjective elements. Pollution of the environment as a new type of crime, has its own characteristics, and it is very difficult to identify the perpetrator's subjective intent. So this situation has weakened the effect of the role of criminal means in environment crime. The traditional criminal liability principle can not meet the development needs of environmental crime. This paper argues that the principle of strict liability should be applied. And this article also explained the reasons for strict liability and conditions apply.