Analysis On Environment Supervising And Managing Dereliction Of Duty Crime

In January of 2010, the author worked in a procurantorate. During that time, the procurantorate conduct a promotional activity on"Increasing investigation on energy resources and ecological environment destruction of malpractice crime detection". It is the first time I notice the environment supervising and managing dereliction of duty crime. Rapidly development also give us huge environmental pollution and damages. Environmental pollution accident occurred frequently, there is a direct cause of the persons, but the environmental monitoring staffs also can not escape its responsibility. Comparing with general environmental crimes, because of the special status , the environment supervising and managing dereliction of duty crime's social harms are more serious than the others. Owning to we don't know enough to the crime, we have not received enough attention to the crime and it was seldom to be investigated for criminal responsibility. Therefore, it is very necessary to discuss and study the crime to strengthen peoples understanding of this crime and give full play to environmental protection.To write the paper , the author enter the CNKI and search for the key words as the environment supervising and managing dereliction of duty crime,environment pollution crime,regulatory negligence. Finally, the author found 137 relevant magazine article and 20 Master's thesis. In view of most existing articles just have a brief introduction of the crime, the author do a complete construction to its constituents and puts forward my own ideas and opinions. The article is divided into the following five parts: The first part is introduction, explaining the reason why I do the research on environment supervising and managing dereliction of duty crime. The second part is the legislation evolution of the crime and quality of the crime. The author makes a brief review of the crime, and then the author analyzes the characteristics of this crime, which are subject's official position,crime concealment,fact fuzziness,consequences seriousness and case investigation difficulty. The third part analyses the conception and constitution of the crime. By comparing the existing theories, the author think that the crime's object is the national environmental protection system; The subjective aspect is the fault, not indirect deliberately; The objective aspect is divided into action,result and causality three part; The subject is special body, including the supervisory staffs in the state environmental protection agency who has the responsibility in accordance with law, and staffs in other organizations who represent government exercise the responsibility for environmental monitoring based on the authorization or entrust a legal status. The forth part is on the determination of the crime, including the line with other charges and the standard of initiation for the crime. The fifth part is about legislative perfection of the crime on environment supervising and managing dereliction of duty crime. The author firstly analyses the problems of the crime , and then presents my own legislative suggestion to perfect this crime, such as: integration law-enforcement resources,enhance professional competence,reduce the crime standard,improve the legal instruments,strengthen the judicial interpretation.