Research On The Crime Of Polluting The Environment

In recent years,the urgent situation of environmental pollution,Article 338 of the Criminal Law amended in 2011.“ Environmental Pollution crime” has received widespread attention from all walks of life.Although the crime of polluting the environment has been in place for eight years,the academic circles have been controversial about the related issues involved in the crime,such as the identification of the legal benefits of the crime,the judgment of the nature of the crime,and the understanding of the form of subjective responsibility.It is necessary to reinterpret these problems and study the crime.Specifically,the first understanding of the more significant components and lawful interests in the crime of polluting the environment should still be built on the human right.That is to say,regarding the environmental benefits of the normal life of human beings,the protection of ecological law must be based on the premise of protecting human survival.Second,for the legal concept of human rights,the environmental pollution crime from the perspective of crime should be the result of the crime,and it contains both specific dangerous results and The results of the actual harm,and thus improve the criminal law regulation mechanism of the crime.Third,the subjective responsibility form of the crime of environmental pollution is understood to be deliberate and more appropriate,it is not appropriate to adopt the theory of fault and double sin,deliberately say that it can better solve the problem of the form of the accomplice and the crime of compliance Requirements of statutory principles.