Researching On Law Matters Of Subjects Of Environmental Criminal Procedure

In recent years, environmental violations constantly outbreak, but environmental criminal justice cases are few. The fact shows that environmental criminal sanctions have not fully played important role in environmental protection as a last line of defenses. As promoters of environmental criminal proceedings, operators throughout the process and environmental criminal law practitioners, environmental criminal subjects have an important influence on the role of the criminal law and even a decisive role. Environmental criminal subjects can not shirk responsibility that they must achieve in the protection of environment. Therefore, strengthening the research on environmental criminal subjects occupies an important position of the basic theory in the Criminal Procedure Law in the environment, which has important theoretical significance to all rights and obligations, legal status, and the purpose of the Environment Criminal Procedure Law. In addition, strengthening the subject of criminal proceedings on the environment also has important practical significance, because criminal proceedings act as a legal application.This article defines the concept of environmental criminal subject. It is that during the environment criminal proceedings, the national institutions and individuals who exposing and confirming environmental crime and achieving purpose of punishing environmental crime and maintaining the order of the environment, participating in environmental criminal proceedings, having independent legal status and the emergence of the criminal proceedings, and a decisive role for the outcome in the development. At same time, it summarizes the characters of the environmental criminal subject, and indicates the questions, including the administrative disturbance to the registering subject, inelasticity of the investigating subject, over strict the scope and responsibility of the prosecuting subject, delinquency of the trial subject and many factors restricting the executive subject. In order to solve the questions, first learning from the ancient countries, learning from the American investigation of the main specialization, the Canadian prosecuting subject of conditional citizenship and the French specific form of organization of the trial subject, according our condition, it submit that reducing the administrative interference from the perspective of the executive's own responsibility, re-established the scope and conditions of the investigating subject, setting up a special body of environmental investigation,appropriate prosecution of the main relaxation of the scope and conditions of a conditional right of action granted to citizens, and reducing the burden of proof; regulating the behavior of the trial subject, absorption of environmental law to gain access to judges, the implementation of the public expert jury system, improving the condition of executive subject, strengthening the coordination between environmental protection agencies, taking the executive form temper justice with mercy. At last, getting the conclusion that Sub-jects of Environmental Criminal Procedure should accord to the characters of the enviro-nmental crimes.