The Study On Subjective Aspects Of Environmental Crimes

In the recent centuries, along with the rapid development of science and technology, human beingshave been creating economic growth and material wealth, while the crisis of ecological balance areconstantly expanding and deteriorating, which has developed into internal and even global environmentalcrisis, all laws are faced with the challenge of environmental issues. To be more scientific and reasonableregulation of environmental crimes in the Penal Code, this has become a hot topic in the criminal law field.Therefore, I believe that the Criminal Regulation on environmental crime, there should be new ideasdifferent from the traditional crime and the introduction of strict liability on environmental crimes issupposed to be there.In addition to the introduction and conclusion, this statement is divided into the following four parts:Part â… : Overview of environmental crime. This section firstly introduces the definition of the foreignconcept of environmental crime, domestic presentation of the concept of environmental crime, as well asthe comparative analysis of the concept of environmental crime both at home and abroad, pointing out thepros and cons of the various concepts and my understanding of the concept of environmental crime.Constitute a crime I put forward their views in the four elements that were analyzed: the object, the doublestandard that includes both the environment for human survival and to maintain the value includingenvironmental harmony value; on the objective aspect of environmental crime in addition to the result ofguilty and behavior of prisoners, for the special nature of environmental crime increase Perilous; thesubject including natural and units, as well as the country; in the subjective aspects, the imputationprinciple of strict liability shall be in introduced in addition to the traditional attribution of the theoreticalbasis.Part â…¡: The intentional form of environmental crime. This part firstly using criminal law provisions of"knowing that his act will cause socially dangerous results,...", in which the words "knowing" and "will"showing the factors leading to environmental crime deliberately. Followed by the provisions of "... and youwant to or allows such consequences to occur,..." in which "want" and "allow" two words described thefactors of intentional environmental crimes. Therefore, the implementation of the hazard behavior of actors in the subjective aspect must also have these two factors can be identified to be intentional crime.There are of different doctrines considering intentional crime. The author believes that environmentalcrime does not embrace direct and deliberate factors, actors did knowing the emissions of toxic andhazardous substances to water, air or soil will inevitably result in significant personal injury or loss ofpublic or private property, then it comes to the crime of public security offenses.Part â…¢: The fault forms of environmental crime. Introduces a subjective state of mind of the fault isalso in the environmental crimes, through the introduction of environmental criminal negligence in theforeseeable obligations and ability to foresee the criterion of personal standards that were analyzed. And theaverage standard doctrine on the business of the ordinary negligence of environmental crimes should besaid of personal standards and environmental crime fault of the average person should adopt standards thatsuch differential treatment in order to achieve a fairer judgment. Finally, the unit in violation of the law inorder to seek illegal interests of an environmental crime is also an objective existence. The subjectiveaspect, the unit more than the violation of administrative regulations is the intentional state of mind exists,but for the breach of duty of care to the harm results, the unit is the mental attitude of the fault. Unitnegligence crime is part of environmental crime, it;s fault is bigger than ordinary negligence and criminalnegligence of natural persons.Part â…£: Strict liability for environmental crimes. Environmental crime has many characteristicsdifferent from ordinary crime, it is considered that these peculiarities were appropriate only in theresponsibility to pursue environmental crime, the traditional subjective amendment put forward a regime ofstrict liability. The part of the proposed strict liability, on misunderstanding strict liability, such as "strictliability civil law areas, in the criminal law could not apply the" strict liability and the presumption ofinnocence is conflicting,"strict liability introduction will result in the violation of human rights "and so onhas made a reasonable explanation, the conclusion is to better protect the public interest, conserve judicialresources and to improve judicial efficiency, we should introduce strict liability in environmental crime.