After the implementation of the newly revised Marine Environmental Protection Law of the People's Republic of China in 2024,the issue of criminal legislation regarding marine environmental pollution crimes has become an urgent concern.In order to align with the current development of the rule of law and judicial practice in China,the constitutive elements of marine environmental pollution crimes are discussed in terms of subject,mens rea,object and actus reus according to the"four elements"theory of crime constitution.The subject of marine environmental pollution crimes should be defined based on the existing provisions of the Criminal Law of the People's Republic of China and the Marine Environmental Protection Law of the People's Republic of China.The analysis of the mens rea of marine environmental pollution crimes should primarily distinguish the perpetrator's level of awareness of administrative law,and further differentiate sentencing based on their psychological attitude towards the result elements.The determination of the object of marine environmental pollution crimes should adopt the anthrocentric approach to the legal interests of ecology,which better fits the current situation and practical needs of marine environmental protection in China.Regarding the actus reus of the crime,focus should be on the double illegality of both administrative and criminal law violations,include dangerous offenses within the scope of regulation,and apply the principle of causality presumption.
关键词
《中华人民共和国海洋环境保护法》/海洋环境污染犯罪/刑事立法/构成要件
Key words
Marine Environmental Protection Law/marine environmental pollution crime/criminal legislation/constitutive elements
维普
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