The Causation Of Environmental Crime Research

The environmental pollution problem is now face a prominent social problem in our country,environmental pollution cases increased, the pollution situation is gradually serious, to use criminal means to control environmental pollution problem is imminent.Due to the environmental pollution crime has the characteristics of complexity, latent and repeatability, lead to the traditional causality theory in the drainage behavior and the damage structure between whether there is causality in criminal law huge difficulty,so it is difficult to hold polluters in judicial practice of criminal responsibility.Under this background, the Japanese scholars put forward the epidemiology of causation that applied to judge whether the public nuisance causality in criminal judicial practice,and get the full affirmation.Epidemiology causality theory is based on the modern theory of probability statistics theory, the theory is objective existence and have the scientific,is to expand and improve the causal relationship between the traditional criminal law theory.The author through to the traditional causality theory to comb, reference and draw lessons from foreign good theoretical results on this issue,combined with China's specific national conditions and current situation of environmental pollution in our country, the suitable epidemiology causality theory solution to the environmental pollution case of whole group.First of all, the introduction part mainly discusses the background and meaning of the pollution of the environment crime and the research status at home and abroad.Secondly, the articlesecond part focuses on traditional theory ofcriminal law causality,continental law system are briefly discussed specific causation cognizance theory, causality theory of Anglo-American law system and the causal relationship of our country traditional criminal law theory,and put forward the traditional causality theory in environmental crime for trouble.The third part mainly analyzes the current popular three big environment pollution crime causation theory,specific description epidemiology causality theory, indirect counterevidence theory and the theory of causality presumption,based on the analysis summary the environment the advantage and disadvantage of the causation theory in the environmental pollution crime.Finally, the fourth part of the article discuss epidemiology causality theory applied in the environmental pollution crime in our country,together with the present situation of environmental pollution in our country, specific analysis of the feasibility of our country environmental crime for causality theory, the applicable scope, epidemiology causality theory proof standard and the applicable limits.