Study on Abstract Potential Damage Offense of China Environmental Criminal Law

There are theory of form and theory of substance in light of abstract potential damage offense.The theory of form is untenable.The abstract potential damage offense in the context of the theory of substance is identical in nature with the concrete potential damage offense,merely different in the degree of possibility of infringing legal interests.Recognition should be given to the abstract potential damage offense of Environmental Criminal Law as it is necessary for exhausting the protection of environmental legal interest,for social reality and for improvement and enrichment of the theories of environmental potential damage offense;moreover it does not go against the modest and restrained principle of criminal law.As a potential damage offense is established,it should not be regulated as the common pattern of environmental crime.The criminal penalty to the potential damage offense of environmental crimes should not be too severe.The abstract potential damage offense should be limited to intentional abstract potential damage offense,and should not include involuntary abstract potential damage offense.