A Study On The Form Of The Crime Of Environmental Pollution

The crime of "serious environmental pollution accident" in the 388 th section of the criminal law was amended in 2011,and was amended as "crime of polluting the environment" in the amendment(eight)of the criminal law.In 2013,the interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on Several Issues concerning the application of law in handling criminal cases of environmental pollution(hereinafter referred to as the interpretation of criminal cases of environmental pollution)was implemented,which made comprehensive provisions on the conviction and sentencing standards of crimes related to environmental pollution,weakened the obvious fault characteristics in the original provisions,but did not clarify the form of crime of environmental pollution,which brought a lot of trouble to judicial practice.In addition,the coexistence of behavior crime and consequential crime leads to the lack of a clear judgment of the crime of environmental pollution.There are three different theories on the form of the crime in the academic circles,namely "negligence","intention" and "compound crime".The intentional theory usually refers to that the actor’s subjective consciousness is intentional in the implementation process,the negligence theory usually refers to that the actor’s consciousness is clear but subjective numbness in the implementation process,while the compound crime theory refers to that the actor’s subjective consciousness is intentional and includes negligence in the implementation process,so the negligence theory and the compound crime theory are contradictory in themselves.The author believes that the intentional theory is more in line with judicial practice.The emergence of various legal interest theories of environmental pollution crime demonstrates that the form of environmental pollution crime can only be intentional.Through the investigation of the environmental pollution crime stipulated in Article 338 of the criminal law and the interpretation of the 2017 environmental pollution criminal case of the Supreme People’s court and the Supreme People’s court,the determination of the subjective guilt of the environmental pollution crime is made through the investigation of the environmental pollution crime committed by four people including Peng Weiquan in Zhongshan City,Guangdong Province,the environmental pollution case committed by Shanghai Yunying composite material Co.,Ltd.and the defendant Gong Weiguo,and the environmental pollution joint crime committed by Jiangsu Province,We should not only combine the meaning of the articles of criminal law,but also demonstrate that the crime form of environmental pollution crime should be intentional based on the protection of legal interests of environmental pollution crime.Using the methods of theoretical research and case analysis,this paper explains that the crime form of environmental pollution crime should adopt the viewpoint of intentional theory.