The determination of"serious environmental pollution"in the crime of pollution of the environment:developing from the perspective of cumulative offense
Compared with conventional crimes,environmental pollution crimes have special characteristics,and the consequences of serious infringement of environmental legal interests are generally caused by quantitative changes resulting from a large number of cumulative minor pollution behaviors,including irreversible ecological environment and human legal interests damage.Cumulative crime theory applied to the"serious environmental pollution"is consistent with the risk society,the real needs of the environmental legal benefits of the front protection,and the value of judicial activism coincides with the protection of the environment is also the ideal means of collective legal interests.Based on the confusing status quo of the determination of"serious environmental pollution"in judicial practice,it is recommended to refer to the theory of cumulative offenses within appropriate limits,to fully evaluate the front cumulative pollution behaviors,and to prevent the cumulative pollution consequences.
crime of environmental pollutionserious environmental pollutionprioritization of criminal law interventioncumulative offense
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