Environmental Criminal Liability Research

To meet the strong demand for the development of human society, the intervention in the environment from human becomes more frequent. Then the environment quality is declining and the problems of environment is outstanding.Taking measures to protect the environment has become every countries’ common view. Countries set up environmental protection of the legal liability system from three levels of civil, administrative and criminal. Environmental criminal liability is one of the important parts of legal liability system. Rely on its severe, the environmental criminal liability on the top of liability system, and build the last defense line of Environmental legal protection.In order to play a better effect on environmental protection from the criminal law and realize the ultimate goal of promote harmony between human and nature, researching environment criminal liability deeply is necessary.At present, the academic circles pay less attention to the special research of environmental criminal liability. The existing research results are deeply influenced by the traditional criminal concept. We failed to grasp the non-traditional criminal attribute of environmental crime, so we still punish the environment crime from the view of the traditional crime concept, which is guided by the concept of natural crime.There are strong color of traditional crime view, penalty view, in criminal law idea,the liability reason, imputation principle and implementation way. We failed to identify the specific problems’ differences between environmental crime and traditional crime and we don’t make a concrete analysis of each specific question to apply medicine according to indications. According to the shortage of the existing research and foreign related regulations, we try to make systematic research on environmental criminal liability.The content of the article mainly includes five parts:The first part is introduction. We present three core issues to be solved in thispaper. Then reviewing the current research achievements of environmental criminal liability and analyzing its deficiency. At last, we emphasize the important theoretical status and research significance of environmental criminal liability.The second part is the article’s first chapter, discriminating the concepts of environmental crime and environmental criminal liability. First,introducing the fundamental concepts and characteristics of environmental crime and criminal responsibility. On this basis, we review the specific point of view about environmental criminal liability’s concept and features. At last, we redefine the crime from the perspective of ethics and understand the concept of environmental criminal liability from own perspective. We also research environmental criminal liability’s characteristics from the perspective of environment legal liability system and traditional criminal responsibility.The third part is chapter 2, answer the reason of environmental criminal liability.We review the common theory of criminal responsibility’s reason and different theories from scholars about the reason of environmental criminal liability. Then we discuss the reason from the perspective of philosophy and theory and come to the conclusion about the reason of environmental criminal liability is relatively free will,method profit violation of criminal law and subjective sin.The four part is chapter 3, surrounding the imputation principle of environmental criminal liability. Introducing the traditional imputation principle theory of criminal responsibility and scholar’s research on Strict liability. Then we study the origin and make a conclusion that the strict liability’s essence is the principle for presumption of the fault. And on this basis, we make concrete construction for the application of the strict liability in environmental crime.The last part is chapter 4, the main content is the realization of environmental criminal liability. First, we summarize the status of our country’s realization of environmental criminal liability, outside experience and academic achievement.Then,according to the basic national conditions, we specific the penal way which includes free sentence, property punishment and no-penal way, to form the system who can meet the demand of environmental crime control.