The Research On The Environmental Supervision And Misconduct Crime

In mid to late20th century, the environment problem has the huge influence on human life, and it also becomes a threat to social development. Then, all countries in the world have begun to try to protect environment by administrative means, the formulation of environmental administrative law, and implementation them by mean of civil law.Environmental supervision offense of misconduct in office is the crime which was added in1997’Criminal Law’ with the development of task of the environmental protection, which refers to that state agencies responsible for environmental protection supervision and management of staff responsibilities seriously irresponsible, causing major pollution accidents, serious consequences to public or private property, or significant loss of significant personal injury behavior. The objective of this crime is the seriously irresponsible, which cause serious consequences, manifestations harm behavior is not fulfilling their statutory duties in accordance with law and do not perform their statutory duties properly. Environmental regulatory legislation has its own standards in the crime of dereliction of duty counts presentation, the main provisions of the harmful consequences of sin, and the judgment of causal relationship. The presence of sin has some defects in the body (the body should be clear range), the subjective aspect (should include indirect intent), expressed in terms of counts (harmful consequences should be as aggravating), and legal punishment aspect (penalties should be increased with additional punishment), etc.The article analyses the regulatory legislation criminal misconduct about abroad (USA, Germany, Vietnam, Korea and the international environment), which analyses from the dereliction of legislative style, technology, legal punishment and punishment species and other aspects of revelation, in order to improve our current environmental regulatory dereliction crime legislation. This paper presents legislative proposals from the counts, subject, subjective aspect, legal punishment, etc., in order to facilitate judicial practice.