Study Foundation Question On Environmental Crime

Environmental problem has become the serious social problems in the world, a variety of environmental crime also has intensified in the current trend. But as a new type of crime, environmental crime theorists still have many differences,making so many problems in practice. So we need to clarify its basic meaning, and grasp the concept of environmental crime and the main characteristics to guid to combat environmental crime, and to achieve the criminal law's protection of human rights and public interest functions.Whether domestic or abroad, there are many different definitions of the concept. I believes that the environmental crime legislation must be closely combined with our practical, but also should reflect the basic content of environmental crime. The most obvious feature of environmental crime is that it have the administrative illegality, that is, the administration of environmental crime from the property. I believe that the legal interest protected by criminal law interests, whether it is real then the legal interest, or ought to be the legal interest, must be and existing legislation combines discussion, therefore, according to our current state of legislation and subsequent legislative trends, combined with environmental crime actually against the interests of the content, the environmental crimes against the legal interests of the provisions of national law to include personal and property interests and legal interests of the multiple legal interest is more reasonable. The consequential offense and the behavioral offense are the main committed type. Potential damage offense has not been provided in China's Criminal Law. I believe that. Environmental pollution due to some kind of crime has a greater social harm, it is necessary to completion of the time of their crimes in advance, to make the provisions of potential damage offence. Because of the complex causes of environmental crimes, and the crimes against the results appeared later, the traditional theory of causation of crime in solving pollution problems encountered. In my opinion, epidemiological causality abroad, indirectly anyway, be presumed causal relationship theory have important reference value. Civil law countries the principle of fault liability is attributable to the basic principles of criminal responsibility. No-fault liability and absolute liability is not allowed.However,crime type shows the characteristics of complex and diverse. Through research, I believe that strict liability and fault liability are not contradictory, it is the sense of the value of the program decided that it can be used by our judicial used to improve the efficiency, strengthen the criminal law criminal function of environmental crime prevention.