Research On The Determination Of Causality Of The Environmental Crime Of Water Pollution

The current situation of criminal justice in China shows that the determination of causation in the crime of the environmental pollution is one of the main factors affecting the conviction and punishment of the crime.The factual reasons for pollution of the environment crime are complex and the consequences are latent,besides,the causal association between its behavior and the result is complex.These factors make it not feasible to use traditional theories to solve all pollution crimes today.In pollution-based crime,the causality of water environmental crime involves the establishment of the emission of pollutants and the degree of their harm,as well as the expertise involved in the examination of facts,this leads to more difficult the identification of causality of water pollution crime,which also affects the proper handling of water pollution cases by the substantive departments to some extent.In view of this,this paper to water pollution environmental crime causality identified as the problem,focus on solving the traditional theory on this issue of the dilemma.The article is divided into five parts of progressive expansion.Part One:The specific judicial cases and explanations show that the determination of causality is the necessary way for the regulation of criminal law of water pollution environmental crime.At the same time,due to the particularity of environmental crime and the variability of the environment itself,in the practice of determining the causality of environmental crime may face some dilemma,such as the causal chain in judicial application is hidden and not close,and the inevitable link between causality does not meet the standard of criminal proof,and where the dilemma lies under the theory of traditional causality determination.Part Two:The main causality theory used in the judicial practice of water pollution environmental crime is combed,including the conditioning with equivalent causality theory and epidemiological causation with indirect rebuttal evidence.Meanwhile,in theory to comb the mainstream causality theory,Such as the conditioning theory,equivalent causality theory,objective attribution theory and causation presumption,understand its connotation and applicable rules.Part Three:Conditional,quite causal,and objective attribution theory have no doubt in the determination of causality.However,because water pollution differs from the characteristics of general criminal cases,the traditional causal theory can not fully deal with the case of water pollution environmental crime in practice.The presumption of causality of water pollution environmental crime has a criminal theoretical basis and is scientific,not only out of the need of criminal policy.And can make up for the plight of traditional causal theory.Part Four:The specific application of the rule of causation and presumption of causation should be applied from the basis of presumption,the facts of presumption,and the conclusion of presumption.At the same time,we need to face up to the limitations of the presumption rule.The application of the presumption rule may contradict the principle of suspecting and may increase the defendant’s liability,It is therefore necessary to restrict the rule of presumption of causality from the complementary applicable status,the true and reliable basis of the facts,and the permissibility of the defendant’s counter-proofing.