Research On Environmental Criminal Guidance Cases And Their Application

Although the number of environmental criminal cases and the application of environmental criminal law in China have improved in recent years,from the comparative analysis of some environmental criminal judgment documents,there are still some inconsistent judicial application problems in the application of environmental criminal justice in China,such as Differences in the identification of joint crimes,differences in the identification of crime results,differences in the demonstration of causality,and differences in the application of punishment.China's case guidance system is designed to solve this problem.In theory,the case guidance system can not only make up for the limitations of environmental criminal law and judicial interpretation,but also has the reference effect that typical environmental criminal cases do not have,and can better deal with environmental crimes.However,China has not yet selected environmental criminal guidance cases,and there are still a lot of ambiguities and gaps in the applicable provisions of the current case guidance system in China,which is not conducive to the full effectiveness of the guidance cases.Therefore,in order to enable the application of environmental criminal guidance cases to effectively solve the problem of inconsistent judicial application,based on the combination of China's objective reality and extraterritorial successful experiences,the application of environmental criminal guidance cases in China can be centered on the following five aspects: On the premise,clarify the positioning and selection criteria of environmental criminal guidance cases,and try to construct two national and provincial environmental criminal guidance cases.In terms of application principles,the three principles of statutory crimes and penalties,the order application principle and the benefit measurement principle are three principles.Guidance on the application of environmental criminal guidance cases;in the applicable content,while affirming that all parts of the environmental criminal guidance case are applicable,clarify the applicable situation of each part of the content;in the application method,based on the characteristics of environmental crime,improve environmental criminality The comparison method and reference method of the guidance case;In terms of applicable guarantee,it should focus on the reference effectiveness of the guarantee guidance case and the application effect of the supervision guidance case.