Research On Controversial Issues Of Environmental Pollution Crime

The importance of environmental pollution crimes has become increasingly prominent in the current era.However,due to the special nature of environmental pollution crimes and the complexity of relevant legal provisions,there are many controversies in the application of environmental pollution crimes,such as the protection of legal interests,the form of guilt,and the form of completion.This article attempts to clarify and elucidate the three important controversial issues in environmental pollution crimes.These three issues affect the understanding and application of environmental.pollution crimes.Regarding the protection of legal interests in environmental pollution crimes,it should be based on the human-centered interest theory of development,defining it as ecological interests and personal property interests,with ecological interests placed before personal property interests.From the perspective of legal interests,ecological interests should be environmental ecological benefits,specifically,environmental quality.Regarding the form of guilt in environmental pollution crimes,intentional culpability should be the most reasonable interpretation based on the principle of legality of crimes and punishment,the principle of proportionality between crimes and punishment,the principle of protection of legal interests,the scope of punishment,and the needs of judicial practice.Regarding the completion form of environmental pollution crimes,the concept of criminal types in German and Japanese criminal law theory should be adopted,based on legislative provisions and judicial interpretations,combined with the special and complex nature of environmental pollution crime protection of legal interests,the completion form should be a compound completion form: both an actus reus and mens rea,both a specific dangerous crime and an actual crime.