Study On The Subjective Crime Form Of The Crime Of Polluting The Environment

The sixth chapter,the sixth section of the criminal law,focuses on environmental crime in recent years,and the crime of polluting the environment is the most widely applied crime and the largest number of cases in the environmental crime.Because of sin in the form of environmental pollution crime in the criminal law does not expressly provide the theoretical circles on this issue are not conclusive,resulting in judicial practice all over the court opinions on this issue is not a judgment,justice is different,affecting all the verdict on the case.Whether the crime of polluting the environment should be intentional crime,negligent crime or concurrent crime is worthy of our analysis and research.There are three main theories in China's theoretical circles on the crime of polluting the environment: negligence,intentional speaking and compound crime.The fault says that the crime form of the crime of polluting the environment can only be negligence,but the crime form of the crime of polluting the environment can only be a single intentional form.The point of the compound culpability is that the form of the crime of polluting the environment may be both negligent and deliberate.However,the theoretical origin of single intentional theory and negligence theory is only on the normative level.It does not take into consideration the specific situations that may arise in judicial practice,nor does it take into account the particularity of legislative intent and legal interests of environmental crime.Therefore,adhere to the standard for judging the benchmark sin form at the same time,should take the standard and combined with the facts of the crime as a research perspective,the facts constitute a crime as a criterion offence form of crime of polluting the environment,so as to achieve complete fault form judgment.According to the criminal law standard and the specific cases combined with the fact that the standards can be drawn single deliberately and fault theory has certain one sidedness,and can not completely cover the corresponding complex pollution in environmental crime,if only to a single form of sin is likely to cause punishment loophole,form policy requirements and legislative intent does not conform to environmental pollution the crime.In this article,the author is more in favor of the compound crime.According to this theory,the crime of polluting the environment can not only be made up of intentional crime,but also by negligent crime.Both intentional and negligent are the subjective crime forms of the crime.And what kind of form should be taken in a specific case depends on the facts of the case.I hope that through the theory of compound offense,we can finally put forward a proper solution to the problem of subjective offence of environmental pollution crime in judicial practice.