On the Key Issues of the Crime of Environmental Pollution
That the behavior violates a state regulation is an element of illegality of the crime of environmental pollution,and such violation shall be determined according to the logic of the unity in legal order and by taking into account of predicate laws.If the offender transfers or disposes of dangerous substances by signing a sale contract or other means,the violation of a state regulation may be determined.For deciding perpetrating behaviors such as discharge,dumping or disposal in this crime,it is necessary to consider the inherent illegality in the criminal law,and unable to quit the legal principle of objective imputation.On the occasion where the actor entrusts others to dispose of the dangerous wastes,if the actor does not care about the qualifications and actual business situation of the entrusted person,and transfers and allows others to dump the wastes,he may constitute this crime;however,if the other party breaches the contract and refuses to return the wastes,the principle's criminal intention may be not established.The understanding of"serious environmental pollution"is related to the protection of the legal interests of this crime,and understanding the ecological anthropocentrism as the ecologically legal interests would not conflict with the legal interests of anthropocentrism,and the opinion that this crime may be either a behavior-based offense or a consequence-based offense,an abstract danger-based offense or a actual danger-based offense is unnecessarily reasonable and enjoys extremely limited benefits.The confirmation of the"external environment"should be carried out under the guidance of theory on the legal interests protected through legislation on this crime,so as to avoid the situation of unsatisfactory protection.In addition,full attention should also be paid to the improper application of appraisal methods in the process of determining serious environmental pollution,resulting in the damage being magnified.
Crime of Environmental PollutionPerpetrating BehaviorSerious Environmental PollutionEcological AnthropocentrismUnity in the Legal Order
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