Research On The Crime Of Polluting The Environmeny

Environment is closely related to everyone’s life,and its role in human beings is self-evident.However,the increasingly serious environmental pollution problem has affected the normal life of human beings,and caused different degrees of personal and property losses,so relying solely on administrative regulations can not achieve the desired results.Therefore,in order to prevent the deterioration of environmental pollution,it is necessary to play the role of the crime of environmental pollution in criminal law.The crime of polluting the environment established in the Criminal Law Amendment(8)in 2011 has played an important role in environmental protection,but the debate on the subjective aspect of the crime has never stopped.Negligence theory,compound theory and strict liability theory all have their own basis for existence,which directly leads to the contradiction in the subjective aspects of judgments on Environmental Pollution Crimes in judicial practice,greatly affecting the authority of the judiciary,but also not conducive to the role of the crime in environmental protection.Faced with this situation,it is urgent to clarify the subjective form of the crime of environmental pollution.In the light of the reality of our country and the legislation of environmental pollution abroad,this paper holds that the subjective aspect of the crime of environmental pollution in our country should adhere to the theory of intent.Firstly,this is the inevitable requirement of the principle of legality of crime and punishment;secondly,insisting on the theory of intent conforms to the requirements of the legal interests of the crime;thirdly,the theory of subjective intent can effectively deal with the problem of joint crime of polluting the environment;lastly,the theory of intent will not bring imbalance between crime and punishment and narrow the scope of the crime.