Analysis On The Dangerous Criminals Of Environmental Crimes In China

The criminal legislation on environmental crime in China started from scratch,and developed from coarse to fine gradually.Specifically,we made a systematic criminal legislation on environmental crime and incorporated the entity into the subject of criminal liability.We also change its liability form from simple intention to intention coexistence with fault and the allocation of penalty is relatively rational.But there are also shortcomings,the most obvious of which is the neglect to the potential damage offence of criminal legislation on environmental crime.Potential damage offence of environmental crime is sufficiently reasonable in criminal theory.Firstly,the essence of crimeis the offence and the potential damage offence of legal interest and the essence of environmental crime is the offence and the potential damage offence of environmental legal interest.The potential damage offence of environmental legal interest makes the Potential damage offence of environmental crime rational in essence.The essence of crime makes for its pattern.The potential damage offence of environmental crime shall be established automatically since there is potential damage offence of legal interest in general crime,in which the environmental crime is included.Secondly,according to normative liability,the perpetrator's could have taken proper acts while they choose to commit a criminal act then they should be responsible for their acts.The perpetrator choose to take the actions that had potential pollution or damage to the ecological environment while they couldn't have to,thus makes them responsible.Finally,for potential damage offence of environmental crime,the purpose of penalty for it is to exclude the legal actual consequence with greater evil.It is reasonable to punish the crime of environmental crime from the basic standpoint of the purpose of criminology.The establishment of potential damage offence of environmental crime is very necessary.Firstly,environmental crimes bound and it could be worse in the future.Secondly,the dangerous consequences of environmental crime are quite serious,which would be much more severe if we just let things slide.Thirdly,criminal sanctions have to be imposed on potential damage offence since the effects of other sanctions on crime prevention are limited.Fourthly,potential damage offence of environmental crime can be objectively identified and fairly dealt with in criminal law.In case of environmental crime,there is no need for specialized criminal legislation for abstract potential damage offence of environmental crime with the potential damage offence established,since there is only theoretical significance without practical significance.There are no potential damage offence in destructive environmental crime.In case of pollution-based environmental crime,there should be both intentional potential damage offence of environmental crime and faulty potential damage offence of environmental crime,and the scope of faulty potential damage offence of environmental crime should be strictly limited.Meanwhile,natural persons and entities shall be qualified subject.Potential damage offence of environmental crime should take environmental legal interest protection as its main value orientation.We should pay attention to social ethics although criminal legislation on potential damage offence of environmental crime is not aimed at maintaining social ethics.During the criminal legislation on potential damage offence of environmental crime,We should watch out for the state paternalism's inundation.We should transfer the legislative idea of potential damage offence of environmental crime from anthropocentrism to Eco-anthropocentrism and take into account nationalism and cosmopolitanism.Based on the establishment of accusation system of criminology: Firstly,we should improve the article 338 at legislative level;Secondly,add a certain potential damage offences of environmental crime,legislate the potential damage offences of air pollution,water pollution,soil pollution and nuclear pollution separately;finally,adjust the scope of crime of unlawfully disposing imported solid waste.Based on the improvement of liability theory: firstly,intention and fault are the main liability forms;secondly,we should take into full considerationof the possibility of knowledge of illegality and the anticipated possibility to the perpetrator's proper act;thirdly,liability cognizance should be identified in stages with the administrative liability pre-set.Based on the improvement of penalty: we should pay attention to fine penalty,clear the calculation of fine penalty for which we could refer to German's “Daily Income-tested Amount Scheme”;properly expand the scope of confiscation of property,the amount of confiscation of property shall be determined with reference to the fine penalty amount;the establishment of freedom penalty should be strict but not severe;pay attention to the application of non-punitive measures.