试论环境犯罪中的危险犯

On Potential Damage Offense in the Environmental Crime

环境犯罪的危险犯从其表现形式看 ,可分为二类 :一是故意危险犯和过失危险犯 ;二是具体危险犯和抽象危险犯。当前学界和实务界对在刑法中环境危险犯的设立基本无异议 ,且在西方发达国家已有具体法例。我国刑法应尽早增补此类内容。

Viewed from the forms of expression,potential damage offenses can be divided into two categories:One is intentional offense and negligent offense;the other is concrete offense and abstract offense.At present,the academic and legal workers don't have any disagreement on setting up a kind of potential environmental damage offense in the criminal codes,and there have appeared some criminal cases in the western developed countries.China's criminal law should provide such codes as those of potential damage offense as soon as possible and the operable research on the penalty of abstract offense should be strengthened.