Study Of The Pollution Problem Of Environmental Crime

The full text is composed of six parts, taking the modern values of criminal law in environment-harmonization between human beings and the nature as the instruction, closely revolving the hard issues concerning environmental pollution crime among criminal scholars and in judicial practice, elaborating the object of environmental pollution crime, the dangerous offense of environmental pollution crime, the principle of causation presumption of environmental pollution crime, and imputative principle of and criminal pattern of environmental pollution crime through the methods of induction, comparison, analysis and so on.PartⅠ: Establishment of modern values of criminal law in environment. In the relations of person nature, two kinds of environmental ethics, the bio-centerism and homo-centerism, exist. The bio-centerism emphasizes that human beings is a part of nature, pursuing various members' mutual equality, the paragenesis and the coordination of the entire Earth ecosystem. The homo-centerism generally refers that the humanity is the center of Earth myriad things, and the humanity has the ability of controlling conquering nature. The author touches briefly on the bio-centerism and homo-centerism deemed as being brought forward under particular historical background. Regarding actual demand, the author relocates modern values of criminal law in harmonization between human beings and the nature, the main points of which include humanist, respecting nature, the fair of ecology and the sustainable development of economy.PartⅡ: Introduction to environmental pollution crime. This part elaborates on the concept, features, status quo, and causation of environmental pollution crime. The environmental pollution crime refers to the behavior that the natural person or the unit violates the related stipulation in environmental protection, putting dangerous waste into the environment out of intention or error, which causes or sufficiently causes significant harm of the environment, the other persons' life or the public and private property. The general characters of environmental pollution crime include the gravity, gradation and ambush of consequences, indirect and multi-participation, administrative subordination and time. At present, the situation of environmental pollution is very stem and serious, in our country, and the crime of environmental pollution unceasingly climbs. The origin of environmental pollution mainly includes the subjective and objective factors, subjective aspect referring to the individual factor of criminal offenders and objective aspect referring to the social factor.PartⅢ: Object of environmental pollution crime. The theories of object of environmental pollution crime include the theory of public security, the theory of the system in supervising and managing environment, the theory of environmental right, the theory of environmental benefit, the theory of social relations in environment and the complex object. Firstly criticizing doctrines concerning object of environmental pollution crime, the author approves that object of environmental pollution crime is the environmental rights of the state, legal person and natural person, i. e. the rights endowed to them by law to enjoy good environment in their living environment. Target of environmental pollution crime is environment.PartⅣ: Dangerous offense of environmental pollution crime. Dangerous offense of environmental pollution crime refers to the behavior that that the natural person or the unit violates the related stipulation in environmental protection, polluting environment, which sufficiently causes significant harm of the environment, the other persons' life or the public and private property. The mainstream viewpoint of academic circles in criminal law is that our country should set up the dangerous offense of environmental pollution crime. The focal point is whether criminal code sets up the dangerous offense of environmental pollution crime out of error or not. The author thinks that the dangerous offense of environmental pollution crime should be stipulated in the Criminal Code, through the summary and analysis to the correlation questions of dangerous crime and dangerous crime out of error.PartⅤ: The causal relation of environmental pollution crime. principle of causation presumption. According to the general suitable causal relation theory, it is very difficult to recognize the legal responsibility of the environmental pollution crime, specifically manifesting in: investigating the reasonable matter of harm result thoroughly, proving the way of pollution very difficultly, judging the harm result difficultly, the knowledge monopoly of natural persons or units hindering to recognize causal relation. In view of in-difficulty to prove the causal relation of environmental dispute, the civil relief to infringe others' environmental rights proposes emerging theories of causal relation, such as the theory of the causal relation in epidemic disease study, the indirect counter-evidence theory, the causal relation estimation and so on. At present, the various countries' criminal law also starts to apply these civil relieves of causal relation theory into the environmental pollution crime, which plays a good role in settling the difficulty of judicature and consummating causal relation. The author supposes our country's criminal law should profit from the causal relation estimation principle of causal relation, and elaborate its rationality' and limits.PartⅥ: Imputative principle and criminal pattern of environmental pollution crime. After differentiating between the principle of strict liability and the principle of fault presumption, and analyzing the application of strict liability in environmental criminal law, elaborating differences between criminal liability and civil liability, the author is of the opinion that the fault principle should be applied in environmental pollution crime, only with the exception that the principle of fault presumption should be applied considering the unique features of environmental pollution crime. Criminal pattern of environmental pollution crime is negligence generally, not excluding intent (generally indirect intent). The foreseeable obligation of negligent crime in environmental pollution crime should be limited from the angle of obligation evading such as operation regulations and preventive measures etc to well manage security production by a certain industry in its long-time development.