The Sin Research Of Environmental Pollution Crime

Since the1960s, faced with increasingly serious global ecological crisis,ecological protection and sustainable development concepts have been taken into thefield of criminal law, taking into account of the coordinated development betweenman and nature, maintain the resources of environment that human beings depend on,has become a national criminal Trends legislation.2011"Criminal Law Amendment(h)" by section338of the Criminal Code to make changes, major environmentalpollution accident crime modified to the environmental pollution crime, has madedefinite progress. In recent years, various types of environmental pollution accidentsmake the crime become the focus of attention once again. Since environmentalpollution crime has cumulative, comprehensive, repeatedly, continuity and otherfeatures compared with traditional crimes, makes subjective guilt in relation to thecrime variously. Deliberate scholars based on "objective over factors " concept asfoundation of theory and regarded that in the results of double jeopardy crime,admitted to part of the content of harmful results are objective over factors, therefore,the understanding of the nature of the offender to behavior, as well as the result of thedouble whammy of the dangers of a level results with understanding and indulgenceor hope, to show that it’s not only based on the behavior to distinguish betweendeliberate and negligence. The serious result of environmental pollution as anobjective over factors, in violation of state regulations, discharge, dumping ordisposal of radioactive wastes, wastes containing infectious pathogens, toxicsubstances or behavior of other harmful substances and the resulting understandingand hope or laissez-faire attitude, as deliberate contents of this crime, it is easy to seethat t environmental pollution crime can only be formed by deliberate; Complexscholars consider that the complex sin is a new form which different from thephenomenon of deliberate and negligence,the sin of environmental pollution crimeconstituted by either indirect deliberate or negligence, in respond to thedifficult of distinguish indirect deliberate and overconfident negligence which will bring embarrassment to legal practice. Through analysis of various sin ofenvironmental pollution crime, we found its inherent flaws. Meanwhile, throughgrasping the recognized standards of environmental pollution crime sin and theexclusion of deliberate factor, the author proposes the sin in of environmentalpollution crime can only be constituted by negligence, deliberate and complex sinshould not be the sin of the crime.