污染环境罪的未遂

污染环境罪的未遂包括作为结果犯的未遂和作为结果加重犯的未遂。作为结果加重犯的未遂,是指对环境污染本身持故意,对于人身伤亡财产损失的加重结果持过失的污染环境罪未遂。司法实践中存在直接判决污染环境罪未遂的判例,也存在提及是否可以成立污染环境罪未遂的判例,但更多的是对成立污染环境罪未遂未予提及的判例。在刑事立法未及增设污染环境罪具体危险犯的情况下,对污染环境罪未遂的肯定无疑对于司法实践起到了指引作用。但污染环境罪抽象危险犯的功能是污染环境罪未遂所无法替代的。

Attempted Crime of Environmental Pollution

The attempted crime of environmental pollution includes the attempted crime as consequential offense and the attempted crime as aggravated consequential offense. The aggravated consequential offense of environmental pollution refers to polluting the environment with intent and negligence to the aggravating result of personal injury and property loss. In the judicial practice, there are cases that directly adjudicate the attempted crime of environmental pollution, and also cases that mention the attempted crime of environmental pollution.However, most of the cases do not mention the attempted crime of environmental pollution. In the case that the criminal legislation has not yet added the specific dangerous crime of environmental pollution, the affirmation of the attempted crime of environmental pollution by "Environmental summary in 2019" undoubtedly plays a guiding role in the judicial practice. But the function of the abstract dangerous crime of environmental pollution is that the attempted crime of environmental pollution cannot be replaced.