On The Subject Of Environmental Supervising And Managing Dereliction Of Duty Crime

Environmental Supervising and Managing Dereliction of Duty Crime is a special stipulate for the crime of malfeasance.Judging from the data on the investigation and punishment of illegal activities in the Environmental Supervising and Managing Dereliction of Duty in China,Environmental Supervising and Managing Dereliction of Duty Crime has shown a trend from rise to decline in recent years,and always accompany with corruption and crime of environmental pollution.The harmfulness of Environmental Supervising and Managing Dereliction of Duty Crime is not only to the economic losses and casualties,but also to the serious pollution on environment.However,due to different theoretical viewpoints,there are differences in understanding of the criminal law,provisions of Environmental Supervising and Managing Dereliction of Duty Crime,which have caused problems such as the difficulty in applying relevant legal provisions in judicial practice,and inconsistent judgment standards.This article starts from the basic theory of Environmental Supervising and Managing Dereliction of Duty Crime,conducts an in-depth study on the status quo and existing problems of the subject system of domestic the crime for environmental supervising and managing Dereliction of Duty,and proposes to improve China Suggestions on the subject system of The Crime for Environmental Supervising and Managing Dereliction of Duty.This paper is mainly composed of four parts,the content of each part is mainly as follows:The introduction.It mainly explains the significance of the topic,domestic and foreign legislation,research status,and the basic ideas and methods of this paper to study the main body of the crime of dereliction of duty in environmental supervision.The first chapter is the theoretical basis of the subject of the crime of dereliction of duty in environmental supervision,and the problems in the identification of the subject.This chapter first clarifies the concept of the crime of dereliction of duty in environmental supervision,the key core of this crime,and discusses the characteristics and nature of the crime of dereliction of duty in environmental supervision.From the current legal system,the relevant provisions on the subject of environmental supervision dereliction of duty are sorted out,and a comparative analysis of the subject of environmental supervision crimes stipulated by various laws is carried out.Through the analysis of relevant judicial data,this chapter proposes the current problems in the identification of the subject of the crime of dereliction of duty in environmental supervision.Chapter Ⅱ,Theoretical references in the identification of the subject of the crime of dereliction of duty in environmental supervision.This paper systematically expounds and studies the identification standards of four types of criminals of dereliction of duty in environmental supervision,such as "Identity Theory" and "Official Affairs Theory".The "Identity Theory" claims that those who have the status of state cadres are state organs workers;while the "Public Affairs Theory" indicates that whether the parties should be defined as state organs workers should be judged based on whether they are engaged in official duties or not.Chapter Ⅲ,Path and Feasibility Analysis of the Subject Identification of the Crime of Negligence in Environmental Supervision.Based on typical judicial cases,this chapter makes an in-depth analysis of the definition of environmental supervision responsibilities,propose the path for the identification of the subject of the crime of dereliction of duty in environmental supervision,with a view to providing insights into judicial practice.