Study On Offence Cognizance Of Crime Of Polluting Environment

Under the circumstance that the situation of environmental pollution is becoming more and more serious and the intensity of attack is increasing,the crime of polluting the environment is a kind of criminal punishment means to deal with serious environmental pollution cases.More than ten years of legislation,amending the law makes it play an irreplaceable role in the protection of the environment.From the perspective of the judicial practice,on the one hand,the number of cases of environmental pollution crime reflects the judicial crackdown,but on the other hand,judges in the course of the subjective but not applicable,environmental pollution sin identified the existence of fuzzy zone.The theory guides the practice,studies its basic,lies in does not stipulate the crime form in the crime of the crime of environmental pollution,but also has the difference of the theory of negligence,the intention and the compound.Through the analysis,no matter which kind of theory has its own reasons for support and neglected defects,so the subjective fault form of the crime of environmental pollution is not a convincing theoretical basis.On the basis of previous studies,combined with the development trend of environmental law and practice,put forward their own criteria,the first dimension is from the perspective of natural crime and statutory crime point of view,the second dimension is the subjective form of the crime of polluting the environment and puts forward from the fact that the double standard for the specification or deliberately choose one negligence.However,in the specific case of polluting the environment,whether the perpetrator's subjective fault is intentional or negligent,is the dilemma in the practice.In order to solve this problem,based on the connotation of determining the concept of strict liability,the author introduces the strict responsibility to determine the environmental pollution case specific subjective crime,namely the prosecution without the need to prove that the defendant's subjective fault,as long as the damage result is capable of estimating the behavior of people with subjective fault,whether intentional or negligent,the defendant may no defense of their subjective intent or negligence.It also analyzes the feasibility and rationality of applying strict liability to the crime of polluting the environment.