The Expansion Of The Risk Criminal Law Theory On The Environmental Pollution Crime

The risk criminal law theory is the result of the risk society theory, the risk refers to non-traditional risk, and environment risk is an important part of the risk. From the point of the provisions of the environmental criminal law in Germany, the risk criminal law theory was fully reflected in the environmental pollution crime. German criminal law adhered to the design of crimes and punishment,from the perspective of preventing environmental risk. German criminal law not only set up the crime of all kinds of environmental pollution on the basis of the ecological and humanistic concept of legal interests, but also set up danger offence matched the violations offence. Meanwhile, German criminal law adopted a large number of alternative crime legislation, and set up a variety of environmental pollution crime charges as well as the contents of a crime of crimes that has more complex structure.In our country traditional criminal law theory, environmental pollution crime to protect the legal interests included four views of environmental right, environment of social relations and public safety, environmental protection system. These four views have different degree of faults,and should not be adopted. In the perspective of the risk criminal law theory, legal interests protection happened three shift: legal interests from material to abstract, the protection of legal interests range of expansion, the protection of legal interest ahead of time. These three shift makes the legal interests that environmental pollution crime protect to be pointed to environmental law benefit.The traditional legal interests view is humanistic legal interests view that the legal interests of criminal law protection is human life interests. Guided by the concept of legal interests, the violation of environmental pollution crime refers to the interests of the people's life, the danger of environmental pollution crime refers to the threat to the interests of the people. The violations offence of the environmental pollution crime is to the person's violation offence, and the danger offence of the environmental pollution crime is to the person's danger offence. The current environmental pollution crime shall be based on environmental legal interests view to set up and explain. As a result, the violation of environmental pollution crime is no longer limited to violation of the people, including the environmental violations; The danger of environmental pollution crime is no longer limited to people, including danger offence to the environment.About the offence form of environmental pollution crime, China's criminal law theory include two different point of view of a single crime and compound guilty. Single crime narrowed the scope of punishment of environmental pollution crime. Compound guilty is not in conformity with Chinese criminal law strictly distinguishing between intent and negligence, and do not conform to the actual. We should advocate and implement alternative crime about the offence form of environmental pollution crime. In other words, the offence form of environmental pollution crime could be intent or negligence.Whether intentionally or negligently, we should rely on the case facts which has already happened to judge the offence form. Accordingly, the judgment about the offence form of environmental pollution crime should be introduced “regulations- fact”form of judgment.About environmental pollution crime charges settings,the single crime that our country currently adopted can effectively avoid penalties for missing, but its disadvantage is extremely obvious. When dealing with specific cases, its operability is poor and lack of pertinence, that is not conducive to crime prevention.Its crimes set is too unclear to achieve the principle of adaptation, and it is not conducive to effective restrict judicial power. Taken together, the single crime does more harm than good. Therefore, Chinese criminal law on the environmental pollution crime charges set should be that the environmental pollution crime is decomposed into polluted water crimes, the crime of atmospheric pollution, land pollution, damaging grassland and other specific environmental pollution crime. At the same time, Chinese criminal law should make clear violation offence, danger offence, offence form.