The Subjective Aspect Of Environmental Crime

It is known to all the criminal law is one of the important ways used to protect the environment .It plays a vital role in curbing environmental crimes. Our country also use the Criminal law to protect the environment. The statute book of 1997 specially provide the environmental crime in the Chapter 6. But the characteristics of environmental problems make it difficult to determine the subjective guilt of environmental crime. And the parts on environmental protection in the statute book of 1997 can not meet the objective needs to curb the environmental crimes. However, the subjiective is the core of the environmental crime constitution .The subjiective also plays a very important role in determination of guilt and discretion of punishment.So it is nessessary to discuss this issue.Firstly, this article begins with the limit of the concept of the environmetal crime.Combining the legislation of subjective guilt about environmental crime and related theory, the author induce the essential meaning of the environmental crime.Secondly ,the author compared and analyzed the viewpoints of the domestic and foreign leagal science researchers and the judicial world about the environment crime subjective . Uniting our country actual situation to draw the conclusion: When dealing with the subjective guilt of environmental crime, the actors are found guilty only when they act deliberately.Tirdly, through typical cases ,the phenomenon is analysied that the subjective of the environmental crime is complex.And then the two important questions reappears: the standard of the subjective about environmental crime is not unified;the form of the subjective about environmental crime is not explicitly stipulated. The author suggest: When dealing with the subjective guilt of environmental crime ,the principle should be considerated that the behavior is insignificant or the result is insignificant. And the "negligence" or "intentionally" should be explicitly provided in the statute book..