The Research On Environmental Criminal Cases’ Jurisdiction Of Kunming

The rapid development of the economy brings in enormous economic benefits at thesame time, also caused huge losses to the environment. The pollution of the environmentleads to disastrous consequences. For environmental criminal cases, to create a good livingenvironment for ourselves and our posterity, we should change the traditional ideas and adoptstrong measures to stop the pollution of the environment. After the Arsenic pollution ofYangzonghai, the problems of environmental pollution rival a wake-up call to YunnanProvince. The protection of environment is imperative and some effective measures must beadopted. In the face of the pressure that the Yangzonghai case brings in, the IntermediatePeople’s Court of Kunming established its own environmental protection court at the end ofDecember2008, and then, the Municipal People’s Procuratorate prosecution office set upenvironmental protection. The jurisdiction court of environmental protection, environmentalprotection office of inspector general for the environmental cases is not confined to thetraditional civil, criminal, administrative division, but to juristic environmental casesintegrately. At the same time, the establishment of the court of environmental protection andenvironmental protection office of inspector general, is of great significance for theenvironmental criminal jurisdiction. In the past, there are different jurisdiction standards forenvironmental criminal cases. Some cases should be dealt with the criminal procedure, butdue to the environmental criminal procedure of our country is not perfect, only by theadministrative procedures to deal with. The criminal punishment way, lack of means,inadequate supervision, poor implementation, can not solve the environmental cases, theenvironmental protection is not very good, in the play to curb environmental pollution lessfundamental role. Therefore, perfecting the environmental criminal proceedings is veryimportant. Professor Fu Lizhong thinks that the procedure of environmental criminal litigationis different from common criminal procedure, refers to the environment criminal proceedingsin the main related parties in general, to punish the environmental crime, environmentalcriminal lawsuit activity start program, run the program and related procedures. The starting procedure is composed of prosecution, jurisdiction, aging three system. The jurisdictionsystem as one part of the start-up procedures, is so important to the criminal procedure, thereare many problems in the present stage, the current criminal procedure law on jurisdictionprovisions applicable and not very good for environment criminal procedure, which is animportant cause of many environmental criminal cases can not go in criminal proceedings.To analyze the data of nearly five years of environmental criminal cases in Kunming ofYunnan Province, the author find the following problems of environmental criminal cases’jurisdiction: compared with the general cases, the quantity of environmental cases is too little,restricting the environmental criminal case’s jurisdiction or not? Whether setting thespecialized courts for the environmental criminal cases is necessary or not according to thatlittle quantity? In view of the limitations of the geographical position, handing theenvironmental criminal case’s jurisdiction to the grass-roots court juristic, whether to solve itwell or not? Judicial and administrative has all kinds of relationship, lacking of cohesionmechanism between judicial and, environmental justice volunteering to environmental lawenforcement intervention fundamentally restricts the jurisdiction of criminal cases or not?Facing these problems, the author from two big aspects to elaborate how to improve theenvironmental criminal cases’ jurisdiction. First, from improving the level of environmentalcriminal cases’ jurisdiction, in other words, canceling the court of environment in thegrass-root court, and setting up environmental courts in the intermediate court: perfecting thecentralized jurisdiction, paying attention to the construction of environmental protection courtthree aspects discusses how to improve the environmental criminal cases’ jurisdiction. Second,from establishing the judicial and administrative law enforcement of joint investigation anddiscussion mechanism and information reporting system two aspects discusses how tostrengthen the linkage between the administrative law enforcement and judicial, establishingadministrative and judicial linkage mechanism.