| The environment is the most basic condition for human survival.Improving the environment means improving people’s livelihood.Because of the irreplaceability of the ecological environment itself,we should put the ecological environment governance in a key position.With the continuous development and progress of society,people have higher and higher requirements for the environment and stricter monitoring standards for the environment.Among them,environmental monitoring data is the core of environmental governance.The frequent occurrence of fraudulent environmental monitoring data has violated the "red line" of the law,seriously undermined the whole atmosphere of environmental pollution control,and increased the difficulty and great harm of environmental governance.At present,two high-level judicial interpretations have explicitly incorporated environmental data fraud into criminal offences,and established a responsibility traceability system,but the problem of environmental data fraud is still emerging.How to correctly apply the crime of destroying computer information system and curb the bad wind of environmental data fraud has also become an urgent problem to be solved.This paper is divided into four parts.The first part briefly describes the background and significance of this study,and introduces the research status of environmental supervision and the application of charges at home and abroad by using the corresponding research methods.The second part leads to the analysis of the case and the summary of the controversial focus.The third part,through the use of Professor Zhang Mingkai’s two-tier theory to the criminals who destroy the computer information system.The constitution of the crime is analyzed so as to sort out the controversial focus of the case.The fourth part,through the analysis of the case of environmental air quality monitoring fraud in Xi’an,draws inspiration from three aspects: legislation,justice and legal response to environmental fraud. |
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