Research On The Potential Damage Offense Of The Environmental Pollution Crime In Risk Society

The amendment of environmental pollution crime has a positive effect on the prevention and control of environmental pollution,and with the developing of the theory of risk criminal law,the study of d potential damage offense of environmental pollution crime has become an important subject of environmental criminal law.By summarizing the judicial status of environmental pollution crime,this paper finds that there are two main problems in the criminal penalty of this crime in China: firstly,the constitutive elements of the crime is disordered;secondly,there is a great controversy over characters of cognition of illegality.Regarding the issues above,this article determines that China's environmental criminal law should adopt environmental anthropocentrism orientation,and its legal interests should be defined as multiple legal interests;clarifies dangerous state is a result attribute for environmental pollution crime,and the core theory of potential damage offense of environmental pollution crime is to identify characters of cognition of illegality;subdivides different judicial penalty methods through the imputation logic of objectivism as the main and subjectivism as the supplement,which has certain guiding effects for the specific application of environmental pollution crime.In addition to the introduction and conclusion,this paper consists of four parts: the first part summarizes the basic theories potential damage offense of environmental pollution crime,including its sources,concepts,characteristics and classifications;the second part uses case analysis to discuss the current situation,problems and dilemmas of the determination of environmental pollution crime;the third part confirms the potential damage offense of environmental pollution crime on the basis of punishment by dialectical analysis on the standpoint choice of legal interests,the qualitative analysis of subjective motivation,the determination of completion stage,the choice of the nature of potential damage offense and the choice of basic standpoint of crime theory;the fourth part summarizes and elaborates the specific application methods of the identification of potential damage offense of environmental pollution crime in judicial practice from two perspectives on basic principles and specific methods respectively.