The subjective elements of the crime of environmental pollution

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 circum-stances of judicial practice. The crime of environmental pollution is one with a dual fault form, meaning both intentional and negligent acts of environmental 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 penalty, preventing minor offenses from being heavily punished. Therefore, it does not violate the principle of proportionality between crime, responsibility, and punishment.