On The Legal System Of Criminal Responsibilities For Our Country's Environmental Pollution

On account of various complex, increasingly serious types of criminality related to environmental pollution, as well as our country's current laws and regulations and the present situation of the judicial interpretation, this article, by stating the ways to build up and improve the legal system of criminal responsibilities for our country's environmental pollution, aims at realizing the effective integration and disposition of the law enforcement and the judicial resources, as well as forming a regulatory network to constraint environment criminal offenders, irresponsible national environmental supervisors, the environmental protection departments and the judiciary.By using synthesis methods such as historical analysis, economical analysis, value orientation analysis comparative analysis, analysis on the reality value, case analysis and so on, the essay first shows and reintegrates the laws and regulations about criminal responsibilities for our country's environmental pollution, the judicial interpretation, then refines the legal system of criminal responsibilities for our country's environmental pollution again, including two major parts--- the criminal responsibility system for non-environmental supervisors and the criminal responsibility system for environmental supervisors and expounds the relationship of the functions between them. This essay states in details the criminal responsibility system for non-environmental supervisors, involving the regulations of the criminal laws and the present situation of the judicial interpretation of the Supreme People's Court's legislation as well as the criminal responsibility system for environmental supervisors, involving the regulations of the criminal laws and the present situation of the judicial interpretation of the Supreme People's Procuratorate's legislation, and analyzed the characteristics of the standards on the criminality of the environmental supervision dereliction according to the Supreme People's Procuratorate.While reflecting on the present situation of the existing legislation, this essay explores the seven new demands as a results of the current situation of the legal system of criminal responsibilities for our country's environmental pollution, namely the demand on the crime charge system of our country's environmental pollution crimes, the demand on the crime constitution system of our country's environmental pollution crimes, the demand on the crime penalty system of our country's environmental pollution crimes, the demand on the judicial interpretation of the two "Supreme" environmental pollution crimes, the demand on the attached criminal laws about environmental pollution crimes, the demand on the legal system of criminal responsibilities for our country's environmental pollution on account of the improper department benefit, the demand on different sentences and different punishes on the same case.Considering the new demands on the legal system of criminal responsibilities for our country's environmental pollution, the essay analyzes the support function of the existing legislation to the new demands. It meets the new demands in three aspects:the flexibility and strict unification of the objective result condition in our country's environmental pollution crime constitution, the " two-punishment" principle for punishing polluting units, the conviction and sentencing standards on non-environmental supervisors of the Supreme People's Court's for criminal responsibilities for environmental pollution and the criteria and application of case-filing for the environment supervisors of the Supreme People's Procuratorate for criminal responsibility system of environmental pollution. However, it cannot meet the new needs in seven aspects because of the undevelpement of the crime charge system, the constitution system, the penalty system, the imperfection of the judicial interpretation of two "Supreme", the attached criminal laws about our country's environmental pollution crimes, and the undeveloped legal system of criminal responsibilities for our country's environmental pollution on account of the improper department benefit, and the undevelped legal system of criminal responsibilities for our country's environmental pollution on account of different sentences and different punishments on the same case.In view of the lack of support, the essay proposes to improve the crime charge system, the constitution system and the penalty system of our country's environmental pollution crimes, establish a balanced examination system, perfect the attached criminal laws on our country's environmental pollution crimes, prevent the improper department benefit, establish and perfect case instruction system.