The Regulation Of Criminal Law And Enlightenment Of Environmental Pollution In The United States

The process of curbing environmental pollution in the United States has gone through the development process from serving the economic interests to taking the ecological environment as the center.At the same time,the environmental criminal law has been gradually developing and growing along with this process.The standard of American environmental crime is based on risk.It is specifically divided into abstract dangerous and specific dangerous offenders.The liability body includes person directly responsible,legal persons and direct executives.When we investigate the subjective mentality of American environmental crime,we can judge whether the actor needs subjective cognition according to the different cognition of behavior's natural nature,dangerous consequence and legal nature.The rules of strict liability are directly reflected in the environmental crime of the United States through the way that the offender does not need to recognize every element to commit a crime.If the actor is convicted,he may be sentenced to imprisonment or fine punishment.At last,by studying environmental crime in the United States,we should set up a correct concept of environmental law,and determine the elements of some environmental crimes as " objective exceeding factors".At the same time,we should improve the extent of penalty,the application of fine penalty and the provision of occupational prohibition in the code of criminal law.In addition,the independence of the environmental protection agency should be enhanced,and the power of criminal investigation assistance and the right to sue for criminal prosecution should be granted.But we should also proceed from China's national conditions,retain the characteristics of our criminal law,and carefully put forward the introduction of dangerous crimes.