我国环境犯罪适用严格责任的应然分析

On the Applicability of Strict Liability to Environmental Crimes in China

我国环境污染现状十分严峻,传统过错责任原则在一些环境犯罪中难以适用。严格责任的适用,可以解决这些矛盾,并且能够提高刑事诉讼的经济性。严格责任与传统过错责任原则本质相同,与"不得强迫自证其罪"不矛盾,刑法社会保护机能的发挥也使得严格责任的适用具有合理性。严格责任应当遵循法定原则和补充适用原则,立法应当明确被告人辩护事由。严格责任只应当适用于法人环境犯罪。

The environmental pollution is rather serious in China at present,while the traditional fault liability principle is unfit for some environmental crimes. The application of strict liability can solve these contradictions and can improve the economic performance of criminal proceedings. As strict liability is essentially similar to the traditional fault liability principle and is not contradictory to the act of ＂no person shall be forced to give evidence for self- incrimination＂,the exercise of social protection functions of the criminal law also makes the application of strict liability reasonable. Strict liability shall comply with the statutory principle and the supplementary application principle,and legislation should clarify the defendant＇s defenses. Strict liability shall only be applied to the corporate environmental crime.