On The Judicial Application Of The Environment Supervising And Managing Dereliction Of Duty Crime

The environment supervising and managing dereliction of duty crime was newly incorporated into the criminal law in 1997.It is a unique crime set up for the administrative organ to correctly perform the function of ecological civilization construction and improve the environmental protection mechanism,which has dual attributes of environmental crime and dereliction of duty crime.Based on the main line of "the crime of dereliction of environmental supervision of Lin,Zheng,Sanming City,Fujian Province","the retrial of the crime of dereliction of environmental supervision of Jiang,county,Hubei Province" and "the retrial of the crime of dereliction of environmental supervision of Yao,Qiu and he,Y City,H Province",this paper summarizes and makes a jurisprudential analysis around the three focuses of the debate.Find out the problems encountered in the application of this accusation in the process of judicial practice,and put forward relevant suggestions in combination with the development theme of the times.This paper intends to explore the supervision fault,causality and subject identification of the crime of environmental supervision dereliction of duty through this case.The composition is mainly divided into the following four parts:The first part introduces the basic cases of "the crime of dereliction of environmental supervision of Lin and Zheng in Sanming City,Fujian Province","the retrial of the crime of dereliction of environmental supervision of Jiang in a county,Hubei Province" and "the retrial of the crime of dereliction of environmental supervision of Yao and he in Y City,H Province",summarizes the case,defense opinions and courtdecisions,and puts forward the constitution of the crime of dereliction of environmental supervision " The Legal Exploration of the essential elements.The second part: on the basis of the focus of the dispute,it explores the theory of fault,supervision fault,causality and related legal issues.1.The form of fault of this crime is a compound form of fault which includes both intention and fault.The fault of this crime can be identified by the theory of supervision fault,and the supervision fault of this crime can be divided into overconfident supervision fault and careless supervision fault;2.The main body of this crime has two attributes: qualification of public office and limitation of responsibility.The environment supervising and managing dereliction of duty crime is different from the crime of dereliction of duty such as abuse of power;the crime subject of abuse of power is the staff of state organs,while the crime subject of dereliction of duty in environmental supervision has dual particularity,which requires not only the staff of state organs,but also the responsibility of environmental protection supervision and management.In view of the dual attributes of the subject of the crime,the subject of the crime should be analyzed from two aspects: formal elements and substantive elements;3.The causality of the crime and its complexity,most of which are multiple causes and one effect,can not be discussed by the simple direct causality standard,but can be excluded by the form of liability exclusion,so as to determine whether the behavior and the harm result have causality 4.There are some problems in the penalty system of this crime,such as the single quantity type and the high threshold of entering the crime.The third part: according to the analysis of three cases.The author thinks that the following points should be paid attention to in the judicial practice: 1.The obligation source of the environment supervising and managing dereliction of duty crime;2.The identification of the main elements of the environment supervising and managing dereliction of duty crime;3.The establishment of the norms for the exclusion of the responsibility of the environment supervising and managing dereliction of duty crime;4.The refinement of the sentencing level of the environment supervising and managing dereliction of duty crime.Perfect the application system of this crime injudicial practice.