Year: 2025
Type: article
Abstract: The view that the subjective element of the crime of environmental pollution should be exclusively categorized as either intent or negligence would create punishment gaps for this offense and does not align with the actual cir-cum-stances of judicial practice. The crime of environmental pollution is one with a dual fault form, meaning both intentional and negligent acts of environ-mental pollution can constitute the crime. The reason for establishing the crime of en-vironmental pollution with a dual fault form in criminal law is to address the difficulty of proving the subjective element of this offense. The dual fault form not only lowers the standard of proof but also reduces the statutory penal-ty, preventing minor offenses from being heavily punished. Therefore, it does not violate the principle of proportionality between crime, responsibility, and punishment.
Source: Social Sciences and Humanities
DOI: 10.63313/ssh.9018
Author: Xiang Fan
Institution: Anhui University of Finance and Economics
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413483940