| Environmental pollution is the necessary outcome following with the rapid development, productivity and economic growth, which can directly impact on human survival and development. With increasingly serious environmental pollution, environmental protection becomes a hot topic around the whole world, and many countries legislate special criminal laws to combat and sanction acts of environmental pollution. Considering the serious situation of the environmental pollution in China and the tendency of environmental legislation on environments among the world, China has put environmental protection into the scope of the criminal law, and in the 97 "Criminal Law" dereliction of duty, adding a new class of criminal charges of dereliction of duty, which is environmental regulation Misconduct. Together with the "Criminal Law" Chapter VI of the crime of destroying the environmental resource protection, it forms the independent environmental criminal law in China.However, Negligence in environmental regulation is not subject to criminal misconduct, and lacks of academic attention, even though the environmental criminal law has become the focal point. Also, the research for various articles of this crime is rare. In judicial practice, the judiciary's sentencing of the crime is very rare. From January 2003 to the end of September 2008, the whole country had imposed punishment as a result of environmental dereliction of duty to only 93 people, which did not match at all with the increasingly serious pollution situation in China. On April 14,2009 Chengjiang County, Yunnan Province, People's Court in Yunnan Province heard the first case of environmental regulation dereliction of duty, which the author use as a starting point to deeply analyze and research on the environmental monitoring, hoping this limited research to provide reference values on environmental regulation theory and practice of misconduct. The structure of this paper is following:The current situation and tendency of crime at home and abroad is briefly given in the introduction, explaining the significance of this study and research value.In the first part, the Yangzonghai arsenic contamination of water is analyzed as an entry point, through the analysis of the case, we lead to the phenomenon that such crimes were often neglected, and only a few were fined. Thus the author proposes an answer that may solve the core issue of environmental protection, which is to pay more attention on environmental monitoring misconduct,to solve the crime of environmental regulatory issues.In the second part, the dispute over Negligence in environmental regulation is mostly concentrated on the Elements that constitute negligence. Negligence in the main body of environmental regulation should not be expanded, how to define the scope of the subject;object is a simple object or a complex object;subjective can be only fault, or there can be indirect intention; objective aspect is not only not as a way of containing. I made one by one analysis, on environmental monitoring misconduct,there is no expansion of the main problems in practice, given the scope of the methods defined in the main body; object is a complex object groups;In the Third part, a short Review and Assessment on the continent, Anglo-American, and Chinese theory of causation is given, indicating that the traditional theory of causation is no longer useful. Finally the causal relationship between this crime judgment method in practice is described.The fourth part summarizes the characteristics of environmental regulatory misconduct, as well as methods of investigation of this crime. Since environmental regulatory misconduct investigation of the problem is difficult, I stood outside the criminal law point of view, pointing out the root causes of this phenomenon and putting forward appropriate solutions. |
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