Research On Theory And Application Of Causality Of Environmental Crime In Our Country

Compared with the traditional crime,environmental crime has its inherent particularity and complexity in terms of identification of causality.Traditional theory of causality is not suitable for the identification of causality of environmental crime.Because of this,in the judicial practice,it is not easy for the conviction of environmental crime.So in such a background,theory of presumption of causality can be used to identify the causality of environmental crime conditionally,thus it is conducive to investigation of crime timely and better safeguard the lawful rights and interests of the victims.The first chapter of the article expounds the concept and characteristics of environmental crime at first;and then discusses the particularity of causality of environmental crime and the scope of application of the research on causality of environmental crime.The second chapter of the article discusses the traditional theory of causality and the difficulty of application in the identification of causality of environmental crime.First of all,the traditional theory of causality is introduced,and then analyzes the difficulty of application of traditional theory of causality in the identification of causality of environmental crime.The third chapter of the article introduces the world's three main theories of identification of causality of environmental crime at first,and then analyzes the advantages and disadvantages of the three main theories,and judicial application of the three theories are also discussed,and concludes that our country is most suited to apply the theory of presumption of causality at last.The fourth chapter of the article is mainly discusses about the application of theory of presumption of causality in our country,the specific application of the theory of presumption of causality of environmental crime in our country and the legislative model applied in environmental crime are expounded.