Research On Environmental Pollution Crime From The Perspective Of Risk Criminal Law

In recent years,China's economy has grown rapidly,from an agricultural society to an industrial society,and from a traditional society to a post-modern society.Under this background change,environmental pollution crimes in China have undergone changes in legislation and justice.And the analysis of the direction of change in the three aspects of judicial view of legal interest,objective constituent elements,and subjective constituent elements found that: the legislative emphasis on the value of freedom tends to emphasize the value of order,and the scope of judicial attacks has increased;the area of judicial convictions has increased.Legislatively,the difference in area of conviction is increasing.According to the changing trend of environmental pollution crime in our country,the legislation of environmental pollution crime still has the problems of lagging legal interest structure,vague legislation,and narrow scope of protection.Combined with the requirements of risk criminal law,from the perspective of legal interest protection,objective constituent elements,and subjective Three measures are proposed to improve the constituent elements.Judicially,because the conviction area is too wider than the legislative conviction area,it is suspected to be interpreted by analogy.In the context of risk criminal law,the principle of statutory crimes and punishments and the principle of modest restraint of criminal law should be adhered to.Starting with the problem,it proposes countermeasures from three aspects: the result constitution,the determination of causality,and the determination of subjective responsibility.