On Hazards Of Environmental Crime

It is brought out a common attention is how to effectively protect environment all over the world and the environmental issue has become one of the most concern and thorny issues in this century. Criminal law, as the final legal barrier, how to prevent and punish crimes against the environment, has become universal concern in the legislation judicial as well as academic circles. Despite, The Criminal Law of 1997 has set up an sub-section for the environmental crime, then the Standing Committee of NPC passed the " the Amendment II and IV of the Criminal Law", which, to some extent, improve environment criminal law. But, the present legislation still have many problems which have evoked the widespread intense discussion, for example, how to recognize the subjective aspect of environmental crime, whether to applicate thecausality presumption principle and the strict liability system.This essay gives consideration to both human being and ecological interests. Faces up to the unique mechanism of the environmental crime and the characteristics of gravity consequence and is totally divided into three parts.Part I :an introduction to environmental crime. In the one hand, it makes an important difference of the meanings of environment between the Environment Science and the legal circle in this part.In the other hand, it gives the appraisal of main definitions of the environmental crime in legislation at home and abroad in order to make a correct environmental crime definition.Part II : the consititution of the environmental crime.This part discusses four indispensable factors formming the environmental crime and profoundly analyzes the criminal object, objective aspect, subject and the subjective aspect. It points out tliere are many defects in the traditional theory of criminal object about "social relation" and the criminal object should include in the relation between human and nature. In the criminal objective aspect, discusses on the necessity to establish dangerous criminal of environmental crime. The characteristics of environmental crime showes that the establishment of dangerous criminal of environmental crime is quite necessary in order to control the environmental crime in the embryonic stage, and applicate the causality presumption principle to effectively punishes the environmental crime. In the subjective aspect, the environmental crime including intentional crime and...