Study On Crime Of Environment Supervision And Managing Dereliction Of Duty

In recent years, China’s ecological environment is worsening, the major environmental pollution accidents, the most typical in early20116, occurred in the Gulf of BoHai oil spill in China, attracting some body’s attention. It is this which is the world ’s largest " oil spill incident ", caused the environmental supervision and dereliction of duty crime bursts of the academic circle, and a hard to arouse scholars to modify the voice of environmental supervision and dereliction of duty crime.The author discusses the crime as a master’s degree thesis, the main is environmental pollution the painful lessons of tragedy in our country at present, after crashing billow, Tomorrow is stagnant, violation of environmental supervision personnel of criminal law, not criminal punishment, criminal responsibility shall be investigated for. In order to accelerate the improvement of China’s environmental supervision and dereliction of duty crime in the specific charges of this crime, the author discusses is five chapters:The first chapter mainly introduced China’s environmental supervision and dereliction of duty crime legislation background and foreign legislation, to understand the process of China’s environmental supervision and dereliction of duty crime continuous improvement, through the introduction of the legislative background and foreign legislation,. The second chapter is based on the basic theory of criminal law, in-depth, systematic analysis of the four elements of this crime. The third chapter from the Bohai oil spill incident as an example, interpretation of this crime and related charges as well as the crime of dereliction of duty crime, environmental criminal liability and the legal punishment disposition. The fourth chapter mainly based on China’s current environmental supervision and dereliction of duty crime legislation, from the criminal law theory and judicial practice reveals the defects of legislation of this crime. The fifth chapter according to the above reveal the in this crime legislation defects and deficiencies, constitution and legislation of criminal punishment for the crime of dereliction of duty supervision mainly from the environment to perfect this crime, this crime and put forward some personal suggestions, hoping their theoretical level thin shallow, to provide some valuable reference for the environmental supervision and dereliction of duty crime.