Research On The Potential Damage Offense Of The Environmental Pollution Offense In Risk Society

Criminal Law Amendment(8th) amend the major pollution accident crime to the offense of environment pollution, which tried to contain more and more serious environmental pollution, by expanding the scope of crimes, conditions, etc. In fact, it brings little effect, and gradually show the plight of complex, multiple and difficult to control. In the context of Risk Society, meeting to the objective need to punish environmental crime Environmental criminal law need to be transition in the criminal object, objective aspect and so on, among which it is particularly noteworthy to increase the potential damage offense. In this paper, "the general theory of potential damage offense-the environment crime criminal policy and the potential damage offense-the cognizance of the environmental pollution crime objective risk-the cognizance of the environmental pollution crime subjective risk" is the main clue, and begins to propulsion and deduce. In based of this, the paper puts forward some opinions about the potential damage offense of environmental pollution crime in Risk Society.The paper consists of four parts. The main content of first part is the risk society and the general theory of the potential damage offense, including the summary of the risk society and the response of Environmental Criminal Law contributing to the theory. First, It introduces the concept and characteristics of risk society. Second, It describes deeply the plight of environmental criminal law,and then introduces the environmental criminal law response-add the potential damage offense of risk society.The second part describes the close contact of environmental legal interest and the potential damage offense on the basis of reclassify environmental crime object. Firstly it introduces three main theories of environmental crime object- the state environmental resource protection and control system, environmental right and environmental legal interest. However, these three theories are lack of culvert perturbation and their explanatory power is not enough in risk society. Secondly, combined with the general theory of risk society, it puts forward that environmental legal interest has certain advantages in explanatory power aspect. Then, based on the theory of environmental legal interest and linked with the potential damage offense, it expounds the reasons for adding the potential damage offense focusing on environmental crime criminal policy aspects.The third part presents the cognizance of the environmental pollution offense objective risk. First, it introduces the application situation of the environmental pollution offense. Legislation in the past does not add the potential damage offense because of lacking of consideration of risk society, so that the paper explains the value of additional potential damage offense, from the two aspects, namely the selection of abstract potential damage offense and specific potential damage offense, judgment standard to judicial explanation for "damage".The forth part mainly introduces the cognizance of the environmental pollution offense subjective risk. This part firstly introduces the controversy of the environmental pollution offense subjective form in academia and judiciary circle, and puts forward the author own opinions combined whit the risk society. Last and first, it explains whether the environmental pollution offense is needed to add the potential damage offense.