The Prosecution Of Criminal Liability For Negligent Pollution Of The Environment By Units Under The Perspective Of Environmental Compliance

In recent years,due to the shortcomings of the unit supervision system,connivance and acquiescence of the internal staff to implement environmental pollution unit negligence pollution of the environment is not uncommon,but because the criminal legislation does not clarify the criminal liability of the unit negligence pollution of the environment,at the same time,the existence of the unit negligence crime and whether the crime of pollution of the environment including intentional crime mentality in the theory is still a major dispute,the judicial authorities in such cases are often unable to This has led to the crisis of improper determination of responsibility for environmental pollution crimes,difficulty in pursuing criminal liability of units and failure of the goal of prior prevention of risks.At the same time,the environmental compliance system has become an important tool for environmental governance.Under the environmental compliance system,the external strict environmental protection laws and regulations are internalized in the form of environmental compliance obligations,forming a pattern of collaborative governance between the state and enterprises,which not only realizes the control of environmental pollution risks at the source,but also helps to implement the spirit of strict ecological and environmental governance.With the application of the compliance system in the field of unit crime management in recent years,its implied concept of organizational responsibility will certainly promote the transformation of China’s unit crime attribution perspective to a certain extent,at the same time,the spirit of strict ecological and environmental management embodied in the environmental compliance system will also lead to the reconstruction of the form of crime of environmental pollution,providing theoretical support for the prosecution of criminal liability for environmental pollution by unit negligence.The environmental compliance system,as a specific outward manifestation of enterprises’ conscious compliance and prudent self-management of relevant laws and regulations in the industry,has a natural affinity with the criminal liability for negligent pollution of the environment,and the criminal liability for negligent pollution of the unit is the right thing to do when the environmental compliance obligation is violated.The determination of the unit negligent pollution of the environment crime to the core of the violation of the duty of care,the focus is on the duty of care de objectification examination.Due to the wide range of environmental compliance obligations,not all environmental compliance obligations can be directly equated with the objective duty of care in criminal law,in this regard,the serious infringement of ecological and environmental legal interests should be used as a criterion to delineate the scope of the objective duty of care in criminal law from the wide range of environmental compliance obligations.On this basis,it is reasonable to examine from a dynamic perspective,the construction and specific operation of environmental compliance regulations to examine whether the unit fully fulfills the objective duty of care,in particular,we should be alert to the appearance of compliance,to prevent the unit from the appearance of compliance to escape criminal liability.