The Judicial Application And Suggestions Of "Crime For Dereliction Of Duty Of Environment Supervising And Managing"

Environmental resource is the support system of human being's survival and development, but the reform and opening up to now more than thirty years, along with the continuous development of our socialist market economy, the industrialization process, the environmental resources, but with the increase of natural activities and increasingly serious, has become the obstacle to restrict the further development of our economy.Through legislation to strengthen the protection of environmental resources is a necessity, the relevant environmental protection laws and regulations will come into being. Criminal law as a legal system in the last line of defense the deterrent and effectiveness undoubtedly in countries with criminal punishment means to preserve and protect the environment, serious environmental pollution and ecological damage offender accountability plays an important role. Environmental supervision of dereliction of duty is a prerequisite for the occurrence of environmental crime, and therefore to prevent the occurrence of such crimes from the source. At the legal level, the environmental supervision dereliction of duty crime is the only legal regulation of environmental law enforcement subject of crime of dereliction of duty, for our country to prevent environmental pollution, protect the environment and resources to play an increasingly important role in the normal operation of the environmental monitoring system is of great significance, is an important part of environmental criminal policy. However, since 1997, the crime has not made any changes to the criminal law amendment (eight), and in the case of the inclusion of the 97 criminal law, because of the lack of adequate attention to the concept of environmental protection and the limitation of legislation, the crime has many deficiencies in many aspects.Investigation of our country environmental dereliction of duty crime characteristic and the present situation of and judicial practice is not optimistic, the charges did not achieve due to the effect of, prevent environmental supervision dereliction of duty crime shoulder heavy responsibilities. Along with the environmental problems and environmental supervision of the increasingly serious and has been the social fight against the crime of the 408th environmental regulatory negligence crime to meet the reality of social environment and legal environment need to change, which is to strengthen the environmental protection functions of the Department staff in the environmental administrative and environmental law enforcement work in the supervision and punishment and deterrence is undoubtedly a relatively negative impact. Environmental supervision dereliction of duty crime cases, investigating difficult in deep is legislation, system and measures cannot adapt to practical needs caused by. Mainly including the limitations of the charges, the judicial interpretation of the imperfect and the lack of law enforcement system of the three reasons, these legislation and law enforcement is not perfect makes the relevant laws and regulations is difficult to play a role in discipline and prevention of crime, can not solve the problem of the current environmental regulations in the field of crime of dereliction of duty is faced with many theoretical and practical problems. At present, we should actively seek the perfection of environmental supervision dereliction of duty, improve the legislation, strengthen the supervision and prevention mechanism.This paper summarizes the progress and shortcomings of China's environmental crime legislation, the provisions of foreign laws and regulations on environmental supervision, and the new situation of the current legal regulations and judicial practice, and then put forward suggestions to improve the legislation, judicial interpretation and criminal law enforcement system. The legislative perfection mainly includes the legislative proposal to amend the criminal law, the proposed environmental supervision dereliction of duty crime of environmental supervision, and the new set up the corresponding type of crime, adjust the threshold, reduce the standard of crime, improve the structure of the crime, to improve the legal punishment, set the level of the sentence to improve the corresponding legal punishment,. Perfection of judicial interpretation includes revised refinement prosecutors filing standards, make statements counts more rigorous, and coordination to amend the judicial interpretation and the procuratorial organ filing standards between the unity between them. The perfection of the system and measures include the suggestion of the intervention mechanism of the accident investigation, the reform of the management mode or the selection of the expert system, the perfect administrative law enforcement and criminal justice.