Study On The Subjective Mentality Of Crimes Of Environment Pollution

This article aims to study the subjective forms of guilt in the crime of polluting the environment.Through the analysis of selected sample cases and various theoretical controversies in the theoretical community,it proposes the issue of unclear determination of subjective forms of guilt in the application of environmental pollution crimes in current judicial practice in China and its negative impact.By drawing on the criminal legislative provisions of environmental crimes in Germany and Japan,the viewpoint of "binary separation of subjective offenses" for environmental pollution crimes is proposed.The charges and forms of offenses of this crime are separated and clarified in the criminal law provisions,to avoid confusion in judicial practice where the forms of offenses are determined differently and different judgments are given for the same case.This improves judicial credibility and efficiency,and enables timely and effective punishment of environmental pollution crimes.This article first introduces the origin of the controversy over the form of fault in the crime of environmental pollution and analyzes the theoretical controversy on the form of fault in the theoretical community.The revision of the criminal law on the crime of major environmental pollution accidents has caused a lot of controversy in the theoretical community,whether from the provisions of the crime’s charges or the purpose of the law reform.In the theoretical community,there are mainly five views on the form of fault for environmental pollution crimes: "intentional theory","negligence theory","composite fault theory","fuzzy fault theory",and "strict liability theory".Although these five views have certain theoretical foundations,each also has its own shortcomings.In order to understand whether there are also cases of inconsistent subjective forms of guilt for this crime in relevant judgments in China’s judicial practice,the author selected some judicial documents from 2018 to 2022 as samples and conducted statistical analysis on the identification of different forms of guilt for environmental pollution crimes in judgments.Point out the problems in current judicial practice that are not conducive to the protection of human rights and legal interests,do not comply with the principle of legality of crime and punishment,the principle of compatibility between crime and punishment,and the difficulty of identifying joint crimes.On the basis of summarizing the legislative provisions on environmental pollution crimes in Germany and Japan,this article analyzes the advantages of their legislative provisions in regulating environmental pollution crimes,providing reference for the determination of the form of fault of environmental pollution crimes in China,and proposing the viewpoint of "binary separation theory".The "binary separation theory" changes the charge of environmental pollution crime to "intentional environmental pollution crime",and the subjective form of offense is determined as "intentional".Secondly,the crime of "negligent pollution of the environment" is added,and the subjective form of the offense is determined as "negligence".This article elaborates on its rationality and factual basis,and provides suggestions for the specific construction form of the "binary separation theory".