The Establishment Of Potential Damage Offense In Environmental Crime In China

はらだなぉひこ(原田尚彦), the Japanese scholars once said:"The environmental damage and pollution is a phenomenon that is accompanied by a high degree of industrialization. Environmental issues, whether capitalist or socialist countries, are the advanced countries'trouble around the world." With the rapid development of the national economy, China can not avoid this reality. With the increasingly serious environmental problems, environmental crime has become increasingly evident. Looking around the world, environmental issues have become a global problem, not only for the sustainable economic development of nations, while it brings lots of harm for human life and health. The environmental crime legislation began in the 20th century, the age of 70 around the world. There is a late start of punishing environmental crime in criminal law. By the traditional ethic of the early period, people had a cautious attitude toward the legislation of environmental crime, and the environmental crimes are committed the real harm most of all, along with the progress of environmental ethics and the development of the theory that the integrity of the penalty, people gradually realize that the need of punishing the behavior when environment have not yet been caused significant actual harm.This article is divided into four parts to discuss the establishment of Potential Damage Offense in environmental crime in China; the first part is the overview of Potential Damage offense in environmental crime, mainly from the concept of Potential Damage offense, the constitution of Potential Damage Offense in environmental crime, the classification, etc. Part two describes the current environmental crime in criminal law and the currently legislative situation, the third section is the reasons of Potential Damage Offense in environmental crime; it is mainly from the legislative logic, the Precautionary Principle in the law of environment and resources, the modestly restraining spirit of the Criminal Law, and the concept of interest of environmental law to discuss the necessity. For the feasibility of potential damage offense, it is mainly from the reference to foreign legislation and environmental rights praised highly in China, the fourth part is the specific setting about the Potential Damage Offense in environmental crime including what charges to establish the potential damage offense, the terms about negligent dangerous crime and the unit dangerous crime, the penalties for the potential damage offense, and the support of non-penalties punishment.Affected by the traditional concept of environmental protection, the environmental crimes are committed to real harm, no mention of the potential damage, which does not match, the main trend of the Criminal Code in world. This article aims at making our modest contribution to the theory of environmental crime by analyzing the environmental ethics and values, and combining with the stranglehold of environmental crime in foreign countries.