Analysis On Application Of Strict Liability In Environmental Crime

Rapid development of Chinese economy has created abundant corporeal fortune. At the same time, Crisis of deterioration of environment was brought. Environmental crimes of many industrial enterprises are harming civil production and people's health badly. Now, when public prosecutors are prosecuting environmental crimes, they must prove subjective trespass of defendant. This traditional procedure of litigation takes on its limitation when publishing environmental crimes that are very professional. So, some scholars called on that we should apply strict liability in environmental criminal, in order to economize resources of justice and promote judicial efficiency, besides these, social public safety and boon can be protected well. But people can not manage to accordant idea; the focus of dissension is whether China Criminal Law that has a fundamental for conviction "unification of subjectivity and impersonality" could include strict liability. The dissention is for the reason of that people haven't an accordant idea on the concept and connotation of strict liability; many scholars think that strict liability is as same as liability without fault or absolute liability. After researching the treatises of some scholars, the Author wants to research the strict liability of Anglo-American Law firstly. Then the Author will do some elementary investigation about whether we should apply strict liability in environmental crimes and how to apply it, which will base the actual status of the environmental crimes in China.This thesis has four parts including the introduction, the concept and connotation of strict liability, the analysis on application of strict liability in environmental crimes and the system design of strict liability applicable to environmental crimes.Part I : The concept and connotation of strict liability. The first, the Author researches the headstream and development of strict liability, which has a jumping-off that bases the history of development in the Britain, in order to distinguish the history and actuality of strict liability in Anglo-American Law. The second, the Author expounds the different connotation of strict liability in various periods and countries. At last, the Author partitions strict liability into two parts including absolute liability and relative strict liability, in order to distinguish the all-sided connotation of strict liability.Part II: The analysis on application of strict liability in environmental crimes. The first, the Author expounds the basal concept of environment and environmental crime, and relative rules about environmental crime in China Criminal Law. The second, the author introduces the application of strict liability in environmental crimes in Anglo-American Law and various ideas of some scholars in different countries. At last, the Author expresses point of view, that is in Civil Law and Criminal Law of China, strict liability exists in fact, so Criminal Law can contain strict liability absolutely. And the Author expounds that applying strict liability is necessary because of the specialty of environmental crime.Part III: The system design of strict liability applicable to environmental crimes. The fist, the Author expounds that strict liability gives the defendant an obligation to prove he or she has no fault comparing the traditional fault liability, so, strict liability should be applied as a supplement for fault liability, and it must be ruled in the Criminal Law. The second, we should limit the principal and kinds of crimes that must be limited in artificial person and some light penalty. At last, we must give some safeguard to the defendant including several conditions for absolution, in order to make a balance between equity and efficiency; so that we can protect the defendants' rights as well as protecting the social public behalf.