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The Realistic Prospect And Predicament Of Environmental Pollution Crime Investigation

Posted on:2020-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:T XiaoFull Text:PDF
GTID:2381330572977781Subject:Law
Abstract/Summary:PDF Full Text Request
The increasingly serious phenomenon of environmental pollution has aroused widespread concern on environmental protection from of society.In order to strengthen the legal regulation of environmental protection,judiciary has continuously strengthened the attention to environmental criminal justice and intensified the criminal sanctions on the behaviour of environmental pollution.Criminal investigation is the starting point and foundation of criminal justice,and it is also the critical process to obtain evidence of criminal facts.Whether the investigation procedure can start in time and collect criminal evidence effectively determines the actual effect of punishing environmental crimes to a great extent,but environmental crimes as a new type of crime,its inherent characteristics makes it hard for traditional criminal detection methods,make the investigation work in trouble.Therefore,the study and analysis of some difficult problems in the investigation of environmental pollution crimes are conducive to solving the obstacles in the initiation of environmental criminal proceedings.This paper takes the plight of the criminal detection of environmental pollution offence as a starting point,combined with practical work targeted solution measures are put forward.This paper is divided into four parts.The first part is a general overview,which defines the concept,scope and components of the crime of environmental pollution,and summarizes and analyzes the peculiarities of the crime of environmental pollution and the current situation of judicature.The second part discusses the criminal investigation mechanism of environmental pollution crime.This part summarizes the investigation subject pattern,internentions and measures of environmental pollution crime combined with the experience of the public security organ.Furthermore,two of the most important investigation methods of environmental pollution crime,scene investigation and identification of pollutants,are discussed in detail.The third part puts forward the five investigation dilemmas of environmental pollution crimes.The current investigation work faces the problems of initiation of case filing,evidence collection,investigation ability and judicial expertise.The fourth part put forward targeted measures on the above-mentioned five questions,such as improving the legislation rank,investigation cooperation mechanism of innovation,the construction of big data clues found investigation mechanism,cultivating investigating creative thinking ability,unifying qualification standard and seting up special funds for environmental judicial expertise,in order to break through the dilemma of environmental pollution crime investigation.
Keywords/Search Tags:Crime of polluting the environment, Criminal investigation, Judical authentication
PDF Full Text Request
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