On Environmental Supervision Offense Of Misconduct In Office

Environmental supervision offense of misconduct in office is a new additional charge in an indictment to 1997 in the new Penal code. The meanings of the crime is:Any functionary of a state organ who is responsible for environmental protection, supervision and control, through his gross neglect of duty, don't to do his duty or do his duty incorrect, causes a serious environmental pollution accident, negligence or indirect intent, results in heavy losses of public or private property or the grave consequences of injuries or deaths of persons. The subject of the crime is any functionary of a state organ who is responsible for environmental protection, supervision and control. The subjective aspects of the crime can be indirect intent, not just negligence. The object of the crime include the regular system of environmental protection and supervision and the environmental rights of citizens. And the two objects have the order. The form of the dangerous act of crime consist of don't to do his duty and do his duty incorrect; the dangerous result of the crime have his own standards; to judge the causality of the crime, we can reference two standards of proximity. Environmental supervision offense of misconduct in office not only connects with but also differs from the crime of dereliction, this crime and the crime of great environmental pollution accident. There are some defects about the provision of behavior, the description of the charge and the allocation of the legal penalty. We should make this crime to be more perfect in the legislation.