The Research Of Environmental Criminal Evdenc Rule

To compare with common crime,environmental crime has it's own features: broad destruction scope,serious harm,the harm is hiding deeply and has long duration,and the violated object is multiplicity and unspecific. The relation between criminal reason and result is always difficult to be found,so that it's difficult to prove environmental crimes.Currently applied in the environmental criminal proceeding are not perfect and complete,which makes it difficult to investigate environmental crimes.So, it is extremely essential to research and formulated environmental criminal evidence rules(ECER).This thesis on the basis of close analysis of the legislation situation and shortcomings, suggests the reasonable train of thought on constructing ECER in China.this thesis consists of following parts:Firstly, the author elaborates the necessity of perfect and establish ECER system in China, i.e. it will promote the legislation of evidence and limit discretion power of the judge; guarantee the judicial justice; safeguard the human rights; satisfy the objective rule of environmental criminal proceeding process; effectively attack environmental crime.Secondly, the author gives a close analysis of present environmental criminal evidence rules, and then expounds the legislation situation and shortcomings of present ECER,and analyzes the reason of the flaws.Thirdly, the author expounds several principles that should be deferred such as scientific and systematic principle, sustainable development principle, prompt principle.The forth, the author puts forward the specific train of thought on constructing ECER, i.e. perfect the present evidence rules such as the rule of relevancy, the exclusionary rule of illegally obtained evidence, the best evidence rule, and establish the rule of hearsay evidence, the rule of opinion evidence.The fifth, the thesis suggests that it is important to establish and perfect the corresponding system to safeguard the execution of ECER.In the end, the author expects the positive judicial promotion of ECER: it will limit discretion power of the judge; guarantee the judicial justice,and effectively attack environmental crime.