On The Application Of Strict Liability In Environmental Crime

With the rapid development of social economy and modern industry,environmental crime is one of the problems that plague the development of countries all over the world.The homeland of human existence is facing huge security risks.The current situation of environmental crime governance has seriously affected the public's confidence in government governance.Environmental crime has great social harmfulness.It not only affects social stability,but also has a significant impact on people's physical and mental health and sustainable economic development.Therefore,whether to effectively solve the problem of environmental crime has become one of the most important issues for governments around the world to govern countries.At present,the principle of fault liability in criminal cases in our country needs to abide by the basic principle.There is no doubt that environmental crime must also apply the principle of fault liability.However,the particularity of environmental crime determines that if we adhere to the traditional principle of fault liability,it will make it more difficult for the prosecution to prove that the perpetrator has subjective fault,which will make the perpetrator of environmental crime objective.On the implementation of the violation of environmental legal interests,but because it is very difficult to prove subjective responsibility,leading to the occurrence of no statutory crime,which shows that the traditional fault liability principle will not be able to effectively adapt to the current situation of environmental crime.Therefore,the introduction of strict liability in environmental crime is in line with the current situation of environmental governance.This paper consists of five parts:The first part is the introduction of the paper,focusing on the background of the paper,the significance of the topic,the current situation of the principle of imputation of environmental crime,and the research methods,research ideas and innovative points of the paper.The second part introduces the application of strict liability in environmental criminal law.This paper mainly introduces the background of applying strict liability in environmental criminal law in detail,and classifies the concept of strict liability,on the basis of which the concept is analyzed.The third part is to analyze the necessity and feasibility of applying strict liability to environmental crime in China.By introducing the current situation of the application of the imputation principle of environmental crime in China,this paper points out the difficulties encountered in the current governance of environmental crime,and puts forward that the strict liability principle should be introduced in the governance of environmental crime to solve the current difficulties encountered in the governance of environmental crime.The fourth part introduces the application of strict liability for environmental crime in foreign countries.Through the advanced experience of the British and American law system countries represented by the United Kingdom and the United States as well as Japan in dealing with environmental crime,this paper puts forward constructive suggestions for the construction of the system of strict liability in environmental criminal law in China.The fifth part is how to apply strict liability in environmental criminal law.The restriction of strict liability in environmental criminal law includes the restriction of strict liability on the basis of legality of crime and law,the restriction of applicable charges and the restriction of sentencing standards.This part mainly wants to solve the current problem of conviction of environmental crime by introducing the system applicable to the principle of strict liability so as to realize the sustainable development of social economy in China.