On Culpability Form of Polluting Environment Crime"Including Negligence"—Advocating the Theory of Hierarchical Culpability
In China's criminal law theory the theories about culpability form of polluting environment crime mainly include intention theory,mixed culpability theory and alternative culpability theory.These theories rea-sonably explain culpability form of polluting environment crime from different angles,but they all have short-comings.Looking from the objective meaning of relevant provisions of China's Criminal Code and the neces-sity of punishing polluting environment crime,the culpability form of polluting environment crime"includes negligence".And there is a hierarchical relationship between negligence and intention,that is,intention is higher-level culpability form based on negligence.The main problem elicited by the interpretation is how to realize individualization of penalty according to different culpability form in the judiciary,and then implement the principles of suiting crime to punishment and responsibility.The solution is to advocate heavier punish-ment based on intention,and expand the function of intention to the field of sentencing.This interpretation can be used to guide the sentencing of all specific crimes whose culpability form"includes negligence".
polluting environment crimeculpability form"including negligence"heavier punishment based on intention
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