A Study On The Crime Form Of Environmental Pollution Crime

In the field of criminal law regulation of environmental pollution,the introduction of environmental pollution crime not only lowered the original threshold for the crime of “Major environmental pollution accident”,but also in conviction and sentencing,the Supreme People’s Court and the Supreme People’s Procuratorate have issued Operability and enforceable interpretations that further advance the current legal efforts to protect the environment.However,there is no clear stipulation on the subjective fault form of environmental pollution crime,either in criminal legislation or judicial interpretation,which makes the crime face many new problems in judicial practice.In order to establish a scientific and reasonable standard for judicial cognizance of environmental pollution crime,the study of subjective elements of environmental pollution crime is a key issue in the study of environmental pollution crime,it is imperative to study the form of subjective offence of environmental pollution crime.The core point of this article is: from the perspective of legal holism,only by defining the crime form of environmental pollution crime as intentional,can it meet the legislative aim of environmental pollution crime,to achieve the integral protection of legal interests and environmental crime as a whole governance of good results.This paper is divided into five parts.The first part is mainly based on the “Criminal Law Amendment（VIII）”and the relevant judicial interpretation of the crime of environmental pollution,and at the same time the analysis of the current judicial practice of specific cases,this paper analyzes the problems existing in the cognizance of the subjective offence of the crime of pollution of the environment at the level of legal norm,theory and application of law.The second part,mainly summarizes the various theories about the identification of the subjective offence of the crime of pollution of the environment,and analyzes the relevant theories,and puts forward the position of the intentional offence of this article.The third part,it mainly analyzes the causes of the disputes on the identification of the form of the crime of environmental pollution,the position of the legal interest is not clear and the function of the legal interest explanation is absent,on the level of functional positioning,the deviation of the criterion of judging the form of guilt and the administrative dependence have not been separated from the four aspects.The fourth part,mainly is the theoretical basis,introduces “Legal holism”,and combines with the function and value of the regulation of environmental crime,in order to determine the direction of solving the crime form of environmental crime.The fifth part is to determine the solution path,through the interpretation of the need for the protection of legal interests as a whole and the systematic interpretation of the form of sin under the legal holism,to make it clear that the form of the crime of environmental pollution is intentional,and the interpretation of its contents.