Research On Starting Procedure Of Environmental Criminal Litigation

Environmental pollution and environmental damage caused by environmentalcrime have become the typical environmental issues which is a threat to humansurvival and development. Faced with the increasingly serious environmental risk,governments have criminal law as an important means of prevention and control ofenvironmental crime.Substantive law can formulate universal norms of regulation of environmentalcrime, but it is the certainty and predictability for the pursuit of goals, its inherent lagand non-flexibility can not adapt to the high degree of uncertainty of the risks ofenvironmental crime. The obligations of procedural law which can not evade were toprovide the ways and means of reduction and even resolve of environmental riskeffectively in the face of highly strained relations between the environmentsubstantive law and environmental risks. Traditional criminal proceedings discomfortin response to environmental crime. Ecological protection requirements andsustainable development ideas into the criminal proceedings, constructed in line withthe realization of the right to safeguard the environment, to effectively combatenvironmental crime requires mechanisms of environmental criminal proceedingsbecame the problems to be solved.Choose to starting procedure as a contact point to expand the innovative researchof the environmental criminal litigation is mainly based on two considerations: First,the importance of the startup program. As the first stage of the environmental criminalproceedings, starting procedure was the basis of criminal proceedings can be carriedout smoothly on and the first link of criminal responsibility to the finalimplementation. If starting procedure system has the legitimacy and continuity or notwill constrain or influence the practical effect of punishing environmental crime to alarge extent; Second, the confusion from the substantive departments. Crude due tothe current Code of Criminal Procedure specification, combined with the specialnature of environmental crime, the substantive departments in the prosecution ofenvironmental criminal offenses often face difficulties, such as under the jurisdictionof how to divide the conditions placed on, how to grasp, how to define the statute of limitations and other issues on the operation does not one of which a large part of theproblem from the starting procedure.In the vision of the study, the author take the traditional criminal proceedings,the investigation phase and prosecution phases as a whole (starting procedure).For theresearch ideas, this article always grasp a main line overall which takes the specialnature of environmental crime as a basis to expand the research to build thetheoretical foundation and institutional environment to start criminal proceedingsprogram.Abstraction is essential on the establishment of the theory. To study this topic,you need to define the program content of the environment to start criminalproceedings. Of confusion in the administration of justice into sight, the highestmeans to address environmental justice Downcast is legal control. But the traditionalCode of Criminal Procedure can not adapt to the challenges of environmental crime,the starting procedure of environment criminal becomes a matter of course. Start theprogram refers to a specific judicial organ of the State based on reasonable groundsand in accordance with the process of collecting evidence, investigating whether thefacts of the crime occurred and seized the suspect’s first steps. It should include thefiling, investigation, prosecution of three stages, including at least the jurisdiction of acrime under the jurisdiction of the trial, the prosecution and the prosecution of fouraspects of the aging problem.Before formulating the legal norms of the environment criminal startingprocedure, it is necessary to clarify its value orientation first. The author argues thatthe basis to start the program the value of transmutation: The risk society is a realisticbasis of the value orientation of the boot process of ecological transition; sustainabledevelopment of environmental ethics is the ethics of the value orientation of the bootprocess of ecological transition support; eclectic penalty concept-value Theorientation of ecological source of the value of change. Whereby the value of theenvironment to start criminal proceedings program of eco-development, architecture,a new "ecological security priority balanced litigation values", which is to start aprogram of environmental crimes by the rational response.Grasping the basic theory on the Environmental Criminal starting procedures isthe key to explore the path of the startup program system. The author believes that tostart the program’s purpose must be defined to get rid of a utilitarian, instrumentalismand even the shackles of nationalism theory, and in turn the basis of its legitimacy from the point of view of the intrinsic value of the environment of the Criminal startthe program, thereby establishing a "from punishment of the crime to the concept ofcrime control,"the purpose of litigation; follow this line of thought, the principle ofthe startup program is defined as: the precautionary principle, the principles andprocedures of the proportionality principle of autonomy, which the precautionaryprinciple made innovative breakthroughs, both to prevent human environmental risks,including the prevention of program risk; combined with the demand for preventionand control of environmental risks, the authors will start the program the functionsdefined for the input function, shielding, shunt function and prevention, punishmentand restore the integration function of the three-body.Based on this theory, the building of environmental criminal startingproceedings system is the ultimate goal of the article.’Stage, it is recommended tolower’ standards, to cancel the filing procedures in the unique position ofenvironmental criminal proceedings, to divest its case shunt function; set up aprogram of sanctions in the investigation stage, to prevent the pursuit of crimecontrol, excessive violations of the legal rights of others; prosecution stage, given theenvironment victim the right to appeal, to create a "private prosecution to play"system, in order to compensate for the lack of ability of environmental victims ofprivate prosecution; improve the allocation of the prosecution’s right of appeal in thecase of public prosecution, to expand the prosecution of the prosecutors discretion inview of the purpose of crime control under the guidance of right to build thesuspension of the prosecution system, multi-procedural mechanisms to provide forprocedures for the parties, the maximum possible combat environmental crime. Onthe statute of limitations, the innovative way the clearing point, the statute oflimitations obstacles mechanism to achieve the essence of the statute of limitations toextend the environmental administrative authorities for environmental violationsadministrative decision "for the aging. In addition, the article on the burden of proofwith caution applies to the supporting system for the system described. The above isa response to environmental crime, the special requirements of the criminalprocedure under the guidance of the modern ecological values, made on a specificsystem architecture an innovative way. Rich environment of the contents of the legaltheory, and to promote the improvement of the environmental law system, theprevention and control of environmental crime has theoretical and practicalsignificance.