On The Identification Of Causality Of Environmental Pollution Crime

In recent years,environmental pollution incidents are frequent,concealed,harmful and difficult to recover.Behaviors that pollute the environment urgently require effective regulation by the state.As the last line of defense to protect the social order,the criminal law should exert its unique restraint function in the treatment of environmental pollution.In the process of criminal law’s effective regulation of pollution-based environmental crimes,the problem that must be faced and solved is the determination of causality.Due to the hidden,long-term,cumulative and high-tech dependence of the causality of pollution-based environmental crimes,the application of the traditional causality theory of criminal law to determine that such crimes will result in the disadvantage of not being able to effectively regulate a large number of environmental pollution cases.Therefore,in order to curb environmental pollution and realize effective criminal regulation of environmental pollution,the issue of causality in pollution-based environmental crimes has become the research direction of this article.This article is mainly divided into five parts: The first part defines several basic concepts related to pollution-based environmental crimes,clarifies the specific meanings of different concepts,and further defines the concept of environmental pollution crimes.After defining the concept of environmental pollution crime,a detailed analysis of its characteristics is carried out to pave the way for showing the particularity of its causality;the second part is based on the objective evaluation and analysis of the traditional criminal law causality,and then clarifies pollution Environmental crimes apply to the theoretical dilemma of the causality of China’s traditional criminal law,and specifically discuss the specific manifestations of the dilemma and the root causes of the dilemma;the third part,because the research on the causality theory of pollution-based environmental crimes at this stage is relatively lagging and shallow,From the perspective of the theoretical basis and legal basis for adjudicating environmental pollution crimes abroad,explain the theoretical development of the causality of pollution-related environmental crimes,such as epidemiological causality theory,indirect rebuttal theory,causality presumption theory and objective imputation theory,etc.;The fourth part,on the basis of the previous article,summarizes the feasibility,specific application and necessary restrictive conditions of applying the presumption theory of causality when identifying the causality of pollution-based environmental crimes in order to seek the unity of fighting crime and protecting human rights.