Environmental Regulation Of Negligence Of Legislative Research

The 408 th of the criminal law newly revised in 1997 have a clear stipulation for environment regulation of negligence: National office working personnel whose duties involve environmental regulation related, serious irresponsible, causing serious environmental pollution accident, leading to public and private property suffered heavy material damage or serious injury behavior.In the judicial practice of the crime for many years, some problem appears: the charges applicable rate is extremely low; qualitative behavior errors, single types of penalties, obvious tendency of light punishment, improper use of probation and exemption from criminal punishment. Of course, the environmental pollution facts hidden, weak public awareness of environmental protection, environmental criminal law blank, etc., are closely related to those problems. Have to say, it is more closely related to the light on the legislation defects.The specific defect is mainly manifested in the following two aspects: One is that this crime indictment provisions are not clear. Such as, subject of crime is not clear,lack of the standard of which national staff have to undertake the environmental supervision and management responsibilities;The lack of crime legislation of subjective state of mind, "seriously irresponsible" does not accurately describe the crime subjective state of mind; The provisions of the crime objective aspect is also not accurate, forms of behavior, objective results and causation judgment standard are undefined. Another is that this crime punishment configuration is not scientific. Single mitigation cannot distinguish between crime plot and the different degree of social harmfulness, a single magnitude of legal sentence and below fixed-term imprisonment of not more than three years are easy to cause sentencing unfair judicial injustice,violating the criminal law for adapt the principle.Accordingly, the environmental regulation of negligence should be specified below: The body is the public official responsible for the environmental monitoring,serious irresponsible, refused to perform or correctly perform environmental protection supervision duties, indirect intent or negligence, has occurred or is likely to cause major environmental pollution accident, lead to public and private property suffered heavy material damage or serious injury.Perfect the crime legislation from the following two aspects : One is that on thedescription of the indictment, scientific definition of this crime subject scope, clear the subjective state of mind of the crime, reasonable provisions of this crime objective aspect,including behavior, the results and its causation. The other one is that on this crime punishment configuration, consider increasing the appropriate qualifications punishment and fine punishment, reasonably improve legal punishment range and set different sentence level.