Study On The Subjective Crime Of Environmental Pollution

During the period of industrial revolution,in order to develop economy and encourage technological industries to develop vigorously,all countries neglected the issue of environmental protection.The development of economy was based on the destruction of environment and pollution.China is no exception,the issue of environmental protection has always been a hot and difficult problem.In order to strengthen environmental protection,it is very necessary to criminalize crimes that pollute the environment.Pollution of environmental crime means that the perpetrator violated the provisions of national laws and regulations and caused serious consequences or danger to the environment and should be subject to criminal punishment in accordance with the law.It has the consequences of latent and persistence,harmful actions' diversity,causality between harmful behavior is difficult to identify,administrative subordination.The criminal law regulation of our country on environmental pollution can be traced back to the 1997 Criminal Law,which is the sixth chapter,section seven of the law.Among them,Article 338 is "the crime of major environmental pollution accident"-the predecessor of the crime of environmental pollution.Subsequently,in 2011 promulgated the "criminal law amendment(eight)" the crime were modified,it changed its name to the crime of polluting the environmental and expand the scope of environmental pollution crime,reduce crime threshold.1997 "criminal law" and "criminal law amendment(eight)" are of great significance in the establishment and perfection of environmental pollution crime,However,due to the unclear stipulations on the criminal form of environmental pollution caused by legislation and relevant judicial interpretations,the viewpoints of the theoretical circles on the sinful forms of the crimes are numerous.There is deliberately said,which think environmental crime is a deliberate crime;there is the fault crime,which think environmental crime is a kind of criminal negligence,there is a complicated fault,which think the crime of polluting the environment includes the intentional crime and negligent crime include.There is alternative crime said that think the crime of pollution of the environment sin is the choice of sin,both intentional crime and negligence crime,specifically what kind of sinful form,you need the results of specific cases to further analysis.In these theories,the alternative crime said is the most reasonable,the doctrine at the normative level,the crime of polluting the environment are intentional and negligent two forms of sin,at factual level,clearly determine which belongs to a form of sin according to the specific case.Alternative crime has certain rationality,one is able to solve practical problems,the two is in accordance with the provisions of the criminal law principle of suiting punishment and the principle of legality,the three is to overcome the single crime and crime complex limitations.However,it should be made clear that no matter what kind of doctrine we adopt,we can not truly solve the problem of the unclear form of the crime of pollution of the environment in our country.To truly solve this problem,we should not only clarify it from a legislative perspective but from an interpretative level.It is proposed in the legislation that two clauses should be put in place to regulate intentional crimes and negligent crimes that pollute the environment respectively so that the two types of crimes can be clearly distinguished.And different forms of sin set different penalties,so as to carry out the principle of criminal punishment in our country.