The Subjective Element Of The Environmental Crime Exploration

The matter of destroying natural environment is one of hotissues in the world at present, which the world pays attention to.People have done an agreement on regulating environmental crimein criminal law. Environmental crime is a latest field in criminaljurisprudence. There are many different theories of criminal lawexperts about environmental crime. It is important and essential forcorrect criminalization and sentence to distinguish and judgedifferent types of subjective offence in cases of environmentalcrime.In order to fully illustrate the conclusion mentioned above, thisthesis is divided into four parts, the concrete content of each part isas follows:PartⅠ: In this part, the thesis expounds the concept ofenvironment and environmental crime, the environmental crime inCriminal Law of the People's Republic of China, the characters ofenvironmental crime and the principles of environmental criminallaw.PartⅡ: In this part, the penman points out that in cases ofenvironmental crime actually exists the doers' psychology thatknowing exactly his\her own act will lead to illegally destroyedresult or be dangerous enough to lead to such a result, but indulgingthem to take place and this psychology is direct intent. Then, thepenman considers that the content of criminal intent cognitionincludes the doers' understanding of the value of elements of theenvironmental crime in practice and this understanding is one ofillegality or harmfulness to society.PartⅢ: In this part, the thesis firstly classifies the standpointsabout the content of doers' anticipation in criminal negligence andbelieves the content must include the idiographic harmfulness tosociety in ChapterⅡof Criminal Law of the People's Republic of China. Secondly, for common criminal negligence, we should valuedoers' ability of care based on his\her personal conditions and forprofessional criminal negligence, based on the professionalcriterion on average. Thirdly, the penman agrees that there are unitnegligence crimes in environmental crime.PartⅣ: In this part, the penman firstly explains what isConstructive-fault Liability and then discusses the rationality ofapplying this liability in cases of environmental crime. At last, thisthesis enumerates the content of this liability that is supposed to beprescribed in criminal substantive law and procedure law.