On The Application Of Strict Liability In Environmental Crime

In China, the basic principle of criminal crime is fault liability principle. The behavior would be penalized only proved of the existence of subjective fault including environmental crime. But the environmental crime has its particularity, with environmental getting more and more serious. The traditional fault liability principle shows a lot of defects. Relative strict liability in environmental crime is a choice of current social situation policy based on "Risk Society". It conforms to legislative value in the risk society. Relative strict liability is advantageous to crack down on crime and improves the efficiency of lawsuit. However, it could lead to reducing of human rights protecting, expanding of crime against and so on. Neither can environmental criminal law damage human ecological security for the principle of culpability, nor return to the "objective imputation" for insisting the utility value of criminal law. The application of relative strict liability is a compromise choice, which is coordination between the utility value of criminal law and human ecological security. It is a rational choice for perfecting the environmental criminal law. It means that the application of relative strict liability in environmental criminal should be limited.