Study On The Subjective Sin Of Offense Of Environmental Pollution

With the development of human society,the economy has boomed,upgraded and prospered.However,because of this,the ecological environment and natural resources are suffering unprecedented compression,plunder and destruction.The development process of human society is constantly tested by resource shortage,global warming,species extinction and other severe environmental problems.Among all this problems,the environmental pollution problem is very prominent,to which the solution has been urgent,especially true for China as a large developing country.‘lucid waters and lush mountains are invaluable assets',in such a situation,how to use criminal law as the last line of defense to regulate environmental pollution behavior and protect environmental conditions has become an important topic in recent years.To use the criminal law fairly and efficiently to regulate the behavior of damaging the natural environment and resources,we must first clarify the connotation,extension and application of the relevant charges.Among the crimes related to environmental crimes,offense of environmental pollution is of significant importance,and the theoretical controversy surrounding this crime is particularly fierce.This paper analyzes and discusses subjective sin from the two aspects as criminal law theory and judicial practice,and demonstrates that the subjective sin of environmental pollution crime should be intentional.In addition to the introduction,this paper is divided into three chapters.Chapter one focuses on the analysis of the judicial cases of offense of environmental pollution.The judgment documents of some provinces in 2019 were selected as samples to conduct a statistical analysis on the subjective sin of offense of environmental pollution in judicial practice.In addition,typical cases are selected for the four recognition modes in judicial practice and introduced and analyzed respectively.At the same time,the problems existing in the judicial practice of offense of environmental pollution are discussed.Chapter two analyzes the theoretical contention on the subjective sin of offense of environmental pollution.The contents of the negligence theory,the intent theory,the compound fault theory,the vague fault theory,and the introduction of strict responsibility system in the offense of environmental pollution are introduced in detail,and the gains and losses of each viewpoint are commented in detail.This paper refuted the views of negligence theory,compound fault theory,vague fault theory and strict liability system one by one,and revealed the irrationality of the above four views.Chapter three lists the author's view on the subjective sin of offense of environmental pollution,that is,the author thinks that the subjective sin of offense of environmental pollution should be intentional,and demonstrates it from two aspects: theoretical basis and judicial practice.At the academic level,the author mainly analyzes from the perspective of legal interest and risk society.At the level of judicial practice,the author mainly analyzes the shortcomings of other ways of identification,judicial interpretation and meeting minutes.