On The Subjective Culpability Of The Crime Of Polluting Environment

Accurately identifying the subjective culpability of the crime of environmental pollution is not only the basis of accurately identifying crime and non crime,this crime and that crime,but also an important means of using criminal legal means to fight the battle of pollution prevention and control.The perpetrator of the crime of polluting the environment is aware of the harmful consequences of polluting the environment,but he allows the harmful results to occur.His subjective culpability can only be indirect intention.The theory of intention is in line with the principle of legality of crime and punishment,which is conducive to the prosecution of crime,and more in line with the principle of adaptation between crime and punishment.The theory of negligence,the theory of double crime,the theory of vague crime and the theory of strict responsibility all have their defects.The cognitive factors of indirect intention of environmental pollution crime include the awareness of illegality,that is,the perpetrator is required to have the possibility of violating the criminal law.There is causality in the crime of environmental pollution,but what the causality is and whether it is controversial does not require the perpetrator to have an accurate understanding of causality.When determining the criminal intention of the crime of polluting the environment,the principle of presumption of proof intention can be adopted.The behavior,result and the awareness of the perpetrator play an important role in determining the criminal intention.