Research On Constitutive Elements Of Environment Supervising And Managing Dereliction Of Duty Crime

In recent years,with the increase in human activities for natural transformation,environmental pollution has become increasingly severe,and has become an obstacle to restricting China’s economic and social development.Regarding the reasons for the frequent occurrence of environmental pollution accidents,people often pay attention to the pollution behavior of polluting enterprises,but neglect another factor,that is,the law enforcement of the environmental supervision department is not strict and the management is weak.In 1997,legislators added this crime to the Criminal Code to enable environmental supervision personnel to perform their duties according to law.The crime of environmental supervision dereliction of duty is very important for environmental protection,but the academic research on this crime is rare,and there are very few cases where this crime is applied in practice.This result not only damages the legitimate rights and interests of citizens and public environmental interests,but also affects the authority and credibility of environmental supervision departments.In this paper,through case analysis,comparative research and other methods,drawing on the theoretical research results and advanced legislative experience of domestic and foreign scholars,this paper has launched a study on the the four elements criminal constitute theory in view of the controversies and difficulties in the judicial determination of environmental supervision dereliction of duty.Put forward legislative improvement opinions to solve the difficult problem of judicial application of this crime.This article first gives an overview of the crime of environmental supervision dereliction of duty,expounds the concept and characteristics of this crime,and combs this crime in China’s legislative evolution and foreign legislation.Then based on the theory of crime constitution,it analyzes the controversial focus of the constitutional elements of this crime in theory and practice,deeply explores the definition of the object of this crime,the form of sin,and the determination of causality,and proposes that the object of this crime includes environmental supervision system And the citizens ’environmental rights,the form of guilt can only be constituted by negligence,the objective behavior includes actions and omissions,and the threshold of guilty should be lowered to provide a reference for the judicial determination of environmental supervision dereliction of duty and to better punish the crime The role of environmental crime and the protection of the ecological environment.