| Environmental protection has always been the focus of social attention and difficulties,in recent years,environmental problems have been frequent,China has been strengthening the criminal environmental protection efforts,pollution of the environment is one of the important crimes in the criminal protection of the environment,because the pollution of the environment in the law does not specify the form of guilt,its identification in a state of ambiguity and confusion,resulting in the form of guilt can be said to be in disagreement,not a general consensus It is important to clarify the form of guilt for the offence of pollution of the environment.This paper is divided into three parts.In the first part,we analyse the origins of the debate on the form of guilt for environmental pollution offences from the legislative history,and analyse the existing theories on the form of guilt for environmental pollution offences in China,introducing in detail the basic views of negligence,intent,double guilt,vague guilt and strict liability,explaining their reasons and commenting on their defects.In the second part,the views of this paper on the form of guilt for environmental pollution are elaborated,and it is argued that the doctrine of intent is the most theoretically sound and the most superior doctrine in the application of environmental pollution offences.On the one hand,from an interpretive point of view,the different criteria for the determination of "the law provides" in the law providing for negligence directly lead to a different understanding of the form of guilt.Under this approach,the crime of environmental pollution naturally moves towards the viewpoint of intentionality,and the theoretical basis of intentionality is argued.On the other hand,it is argued from the legal interest perspective,the liability doctrine perspective,the constitutive element perspective and the practical perspective that the intentional doctrine is the most superior doctrine to be applied in the crime of environmental pollution.In the third part,the application of the doctrine of intent is discussed in detail.The intentional element of knowledge and the volitional element of willfulness are discussed in detail,and the question of how negligent pollution should be dealt with is further addressed.The ambiguity in the form of guilt and the lack of clarity in the application of the crime of pollution of the environment is clarified,so that the application of the crime of pollution of the environment can be made clearer and the crime of pollution of the environment can play its proper role in the protection of natural environmental resources in China. |
