重大环境污染事故罪能否采纳严格责任

重大环境污染事故的频繁发生,防不胜防,使刑法理论上传统地依据过错责任原则制度定罪惩罚的责任原则难以适应新的形势要求,不足以有效地保护环境和人们生命财产的安全,不利于打击重大环境污染事故犯罪。我国对重大环境污染事故罪引入严格责任制度,不仅能够严惩重大环境污染事故犯罪行为,而且在刑法理论和司法实践上都具有重大的价值和意义。

On Adoption of Strict Liability in Crime of Serious Environmental Pollution Accident

The serious environmental pollution accident occurs more and more frequently and it is impossible to effectively prevent it.It is difficult to meet the new situational requirements for the principle of conviction and punishment according to the traditional criminal law theory system of liability for fault.It can not effectively defend the environment and people's life and property and it is unfavorable for striking the crime of serious environmental pollution accident.By ananlyzing the characteristics of the crime of serious environmental pollution accident and the difference between strict liability and absolute liability,this paper,in accordance with the actual situation of our nation,argues that the introduction of strict liability can not only severely punish the crime of serious environmental pollution accident but also have important value and meaning in criminal law theory and in judicial practice.