| “Criminal Law Amendment(eight) ” changes major environmental pollution accident draft crime to environmental pollution crime charges. It is this revision that make the constituent elements of this crime be different than before, which causes a series of disputes. Therefore, it is necessary to explore and research the legal interests and the constituent elements of environmental pollution crime again. Firstly, it is about the legal interests of the crime. Environmental legal interests as the legal interests of the crime, its content can be divided into environmental interests and personal interests; Secondly, it is about the harm result and causality in the objective aspect of the crime. “Serious environmental pollution” is the harm result of the crime,which means environmental itself or personal health and property suffered real damage caused by pollution. And according to difficulties existing in proving the causality of the crime, there should be cited in the theory of causation presumption in our country; Thirdly, it is about the subjective guilty of the crime, which can be only intention. But the result of “serious environmental pollution” is the objective punishment condition of the crime, which does not belong to the cognition content of criminal intention. |
