Abstract: Environmental criminal law is a branch of administrative criminal law，and has dual property of administrative criminal law. Firstly，perpetrators behavior not only violates environmental laws and regulations of the administration but also violates the criminal law. Secondly, the act of destruction of environment should be subject to administrative punishment and criminal sanctions. Whether administrative punishment or criminal sanctions should consider four elements，i.e. subject，object，subjective aspect and objective aspect，to conduct comprehensive appraisal of perpetrator’s behavior. As a result，the subjective aspect of environmental crime appears two superimposed levels. The first level is the subjective state of awareness of behavior of illegality on administrative law. The second level is the subjective state of awareness of harmful consequences on criminal law. The aim of research on subjective aspect of environmental crime is to make appropriate punishment.