On Environmental Supervision Offense Of Misconduct In Office

In accordance with the provisions of the existing Criminal Law, environmental supervisionoffense of misconduct in office refers to actions carried out by any functionary of a State organwho is responsible for environmental protection, supervision and control, through his gross neglectof duty and leading to a serious environmental pollution accident, which results in heavy losses ofpublic or private property or the grave consequences of injuries or deaths of persons. This offenseplays an important role in the punishment of grave environmental damage and in giving the fullscope to Criminal Law in terms of prevention and the punishment of environmental crimes.However, in the judicial practice, this offense in environmental regulation cannot be properlyapplied as a result of the lack of description, which disagrees with the shared vision of theconstruction of join forces for the social resources saving and environmental friendly development.In order to make up to the existing shortcomings in the environmental supervision offense ofmisconduct in office, this thesis proposes analysis from four perspectives. Firstly, analysis is carriedout in respect of four components, including the subject and subjective aspect, and the object andobjective aspect. Secondly, this offense is further identified in respect of two aspects, namely, therelationship between the register criterion and the conviction criterion, and the distinction betweenthe environmental supervision offense of misconduct in office and the relevant offenses. Thirdly,discussion is carried through to locate the defects in the register criterion, crime indictment and thelegally prescribed punishment of environmental supervision offense of misconduct in office. And,lastly, advice is provided in accordance with the three aspects of environmental supervision offenseof misconduct in office.