The Study About Potential Damage Offence Of Environmental Pollution Crimes

The environment become more and more severely because of the development of society, the problem of environmental pollution is getting more serious. Many countries have increased the force of environmental protection and absorbed environmental elements into the scope of criminal law, Potential Damage Offence of environmental crime has been provided in many countries. The eighth Amendment act of criminal law replaced "the major pollution accident crime" with "offense of environmental pollution", the legislated of the offense of environment pollution is the key factor of legislate of the potential damage offense which is also base on the objective and subjective of the offense of environmental pollution. And the concepts of the potential damage offence and its related properties are defined further which are significance to legislate of the potential damage offense of the environmental pollution crimes.Legislate potential damage offence of the environmental pollution crimes still exist some negative sound. But the particularity of the environmental pollution crime, the change of environmental value orientation and the internationalization of criminal law indicate that the establish of the environmental pollution crime of potential damage offence represent the general trend, and also have the criminal theory and legal basis, and Western developed countries already have mature legislation system for potential damage offence that make foundation for the legislate of potential pollution offence in our country.The establishment of environmental pollution crime in the criminal law of dangerous criminals exist some difficulties and obstacles, theory on environmental pollution crime is still unclear, while object definitions for potential damage crime establishment and penalty provisions all has the extremely vital significance, And our country is still in development, for the development of economy requirements more important than on the protection of the environment, so in the law may appear in many situations, in light of these problems while legislate the specific provisions should be strictly defined specific punishments and exemptions, to fully and clearly, in order to reduce or eliminate the law or have a way according to phenomenon, and clear environmental pollution crime. Correct understanding of the difficulties and doubts, then an antidote against the disease, find out the concrete solution, put forward legislative proposals in order to add potential damage crime of environmental pollution crime to protect environment.