| The Environmental Pollution Crime was modified by the PRC Criminal LawAmendment VIII and interpreted by the Judicial Interpretation on the application of theCrime of Environmental Law issued by the Super People’s Court of PRC and the superProsecutor of PRC (hereinafter referred to as the Judicial Interpretation) issued in June2013. It has really made a great advance, it not only reduced the threshold into crime, butalso solved some difficulties in judicial application. However，it is undeniable that there arestill many defaults, such as failing to establish the Potential Damage Offence, theSubjective Essentials is not clear.In this thesis, the first part will interpret the Environmental Ecological Interests in twoparts: the ethical foundation and the connotation. Secondly, from the perspective of theEnvironmental Ecological Interests, some legal issues such as Potential Damage Offence,the Subjective Essentials shall be discussed, I hold the opinion that the potential damageoffence shall be established in the Environmental Pollution Crime, and in the aspect of theSubjective Essentials, legislates the way covers both deliberation and negligence, so theestablishment of the negligent potential damage offence is essential. The third part willshow some issues for the further perfecting of this crime: how to establish the PotentialDamage Offence as the basic type of this crime, how to legislates the way covers bothdeliberation and negligence. |
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