Judicial Determination Of The Crime Of Environmental Pollution

The judicial determination of the crime of environmental pollution is different from that of the traditional criminal law.It is administratively subordinate and professional.It is the premise and foundation for the crime to correctly interpret the legal and judicial interpretations related to the crime of environmental pollution and make clear its constituent elements.In the objective aspect,it interprets the connotation of "violating state regulations",analyzes the crime patterns under the circumstance of"seriously polluting the environment",and confirms the "causal relationship" of the crime.In the subjective aspect,it explores the subjective mentality of this crime.By combining theories with judicial cases,this paper compares the viewpoints of the academic circle on the crime of environmental pollution,and shows the current status of the judicial determination of the crime of environmental pollution.The introduction mainly introduces the background and current situation of the judicial determination of the crime of environmental pollution and expounds the main contents of the paper.In addition to the introduction and conclusion,the logic of the discussion is as follows.In chapter two,it summarizes the judicial determination of the crime of environmental pollution,including comments on the relevant legal and judicial interpretation that affects judicial recognition,and the principles to be followed in the judicial determination of environmental pollution crime are introduced.Besides,it emphasizes that the clear legal interest plays an important leading and guiding role in the judicial determination of this crime,and it narrates the different viewpoints on the legal interests of this crime in the academic circle,and clearly supports the ecological human-centered legal interests.The third chapter aims at defining the objective elements of the crime of environmental pollution,which is also the focus of the whole paper.It includes the analysis of the connotation of "violation of state regulations" and the analysis of the crime pattern of "serious environmental pollution" in the judicial interpretation,and puts forward the behavior offense,result offense,the potential damage offense and actual harm offense,expectant abstract potential damage offense and cumulative offence,thus the content of "seriously polluting the environment" is grasped in a profound and comprehensive way.As far as the discussion of causal relationship,the difficulty in determining causal relationship in the resulting crime is one of the important issues that need to be solved urgently in the justice of the crime of environmental pollution.This paper puts forward some ways,such as referring to the causal relationship of epidemic diseases and the theory of indirect counter evidence,and improving the judicial identification system of environmental damage.The fourth chapter narrates the subjective interpretation of the crime of environmental pollution.There are some viewpoints in academic circle,such as "negligence theory","vague crime theory" and "intentional theory".And the "intentional theory" is the viewpoint adopted by the judicial practice,and the relevant cases are presented for demonstration.