The Research On Related Problems About The Subjective And Objective Cognizance Of The Offense Of Environmental Pollution

After the implement of The Eighth Criminal Amendment, the constitution of the offense of environmental pollution has changing because of the amending. The purpose of the amending is to reduce the threshold of the environmental pollution crime in order to better play the role of prevention and punishment of the criminal law. It has been three years since the amendments put into practice, but there are still so many disputes about the identification of the crime. In order to more clearly and effectively identify the crime, on 2013 the Supreme People’s Court and the Supreme People’s Procuratorate issued the relevant judicial interpretation, for stipulate the contact about serious pollution of the environment in detail.In this paper, the author deeply analyses the subjective and objective component of the crime in the method of statistical theory research and case statistics. The author deeply analyses the three most controversial issue about potential damage offense or consequential offense, causality in criminal law, the subjective culpability. At the same time, through the statistics of the existing public case of this crime, it analyzes the subjective and objective determination of elements of the specific application in practice, in addition to discriminating the crime and similar crimes in the subjective and objective elements.In order to more detailed discussed above, this paper will highlight the following parts:First of all, it introduces the present situation of the pollution of the environment and the necessity of establishing the crime of polluting the environment.Secondly, it introduces the legislative history of the offense of environmental pollution. It can be divided into three stages, according to the three cut-off points---- The Criminal Law of the People’s Republic of China(79 Revision), The Criminal Law of the People’s Republic of China(97 Revision)and The Eighth Criminal Amendment. This part introduces the development background of environmental pollution crime and criminal policy. At the same time, this part also analyzes the four aspects of the characteristics of the offense of environmental pollution.Thirdly, it introduces the objective and subjective elements of the offense of environmental pollution. In the objective elements, it analyzes the dangerous act, the dangerous result, the causality in criminal law. The author deeply analyzes the issue about potential damage offense or consequential offense, causality in criminal law in this part. The author thinks that the crime should be the consequential offense and the epidemiology causality can be the recognized standard. In the subjective elements, it mainly analyzes the subjective culpability, and put forward that the crime should be regarded as the intentional offense.Finally, it introduces the specific cognizance of the offense of environmental pollution in practice. At the same time, this part analyzes the difference between the crime and similar crimes in component.