The subjective elements of the crime of environmental pollution

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.

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Publication Details

Journal
Social Sciences and Humanities
Published
2025-08-25
DOI
https://doi.org/10.63313/ssh.9018
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
0.00
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article

The subjective elements of the crime of environmental pollution

Xiang Fan
Social Sciences and Humanities
Wildlife Conservation and Criminology Analyses
article

The subjective elements of the crime of environmental pollution

Xiang Fan
article en

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.

Social Sciences and HumanitiesVol. 1(2)
Anhui University of Finance and Economics (CN)
Openalex Percentile: Top 78%
Wildlife Conservation and Criminology Analyses
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