Analysis Of The Problems Concerning The Causation Of The Environmental Pollution Crime

Influenced by the traditional mode of development,we are facing with more and more environmental problems,which are threatening our life,hindering the sustainable development of our country.Thus the effective constraints,to crack down on serious environmental pollution violations,become a priority among priorities.The environmental pollution crime as a weapon against the acts of serious pollution was given a lot of attention.Because of the unique features of its own and its causation,the science and technology is highly depended.However,the existing technology can not meet the needs.And because of that,some people who did serious environmental pollution may evade sanctions.Thus,effectively solving the problems concerning the environmental pollution crime has become the direction of my effort.This text is divided into four chapters.Chapter one briefly discusses the basics the causation of the environmental pollution crime,including the concept,the double level theory of causation and the application of this theory.And then the problems of the causation are pointed out,containing the difficulty to verify the contaminant in actual causation field,the trouble of proving the causation in actual causation field and the difficulty to solve the more causes and one effect problems in legal causation field.Chapter two mainly discusses the difficulty to verify the contaminant in actual causation field,proposes the selective application of epidemiology evidence and denies the theory of causality in epidemiology.Chapter three mainly discusses the trouble of proving the causation in actual causation field.Considering the basic principles of our criminal law and criminal procedure law,the theory of indirect counter-evidence and the theory of the constructive causation are denied.And it is more practicable and feasible to refine the"But-for" test and use it to address the trouble of proving the causation in actual causation field.Chapter four mainly discusses the difficulty to solve the more causes and one effect problem in legal causation field.After distinguishing the more causes and one effect phenomenon and the intervention factor,it is claimed to use the theory of causative potency to solve this problem.