摘要
随着经济日益发展,环境污染问题日益严重,刑法的介入是必然措施。我国对污染环境犯罪的刑事立法最主要体现在1997年修订的刑法第三百三十八条规定的重大环境污染事故罪,然而其实际效果不甚理想,环境污染没有得以有效的控制,理论界对此罪也争议较大,针对立法的不完善,应将污染环境犯罪规定为危险犯,主观方面既可以由故意和过失构成,同时又应规定严格责任。
With the flourishing of the economy, the environmental pollution is actually serious day by day. The involvement of criminal law is the inevitable measure. Our county＇s criminal legislation about the environmental pollution crime mainly reflect in the 338th stipulation of the criminal law code which has been revised in 1997. It has stipulated the Significant Environmental Pollution Accident Crime. However, its actual effect is not ideal, and the environmental pollution has not been able to be controlled effectively. There are also many disputes about this crime on the theory. In view of the defection about this crime in legislation, the article advocates that legislation should stipulate it as dangerous violation. Its subjective aspect should include both intention and simultaneous, and be supposed to stipulate the strict responsibility.
出处
《成都电子机械高等专科学校学报》
2006年第1期90-94,共5页
Journal of Chengdu Electromechanical College
关键词
重大环境污染事故罪
危险犯
严格责任
Significant Environmental Pollution Accident Crime The dangerous violation Strict responsibility
