Environmental Regulation Of Negligence Problem Research

Since reform and opening up, China’s economic developed rapidly, and people’sliving standards have been improved significantly, but the development of economyand environmental pollution problems seems to be very associated with each other. Inthe past2013years, haze has become the most searched vocabulary on the net, andthe continuous haze weather will seriously damage people’s health and will influencepeople’s normal life. Serious water pollution occurred in YanCheng city JiangSuprovince in2009, which caused nearly200000citizens and units’ water supply beinterrupted more than60hours and caused direct economic losses of more than5million, the social influence it given up to is extremely bad; The1.11seriousenvironmental pollution of arsenic poisoning of JinLi company in2009ChenXicounty of HuNan province caused extensive undergroundwater pollution and severalvillagers poisoning phenomenon surrounding, and the economic losses it caused sumsto more than7million. Across the country, the number of similar serious environmentpollution accident keeps growing every year, and what make the matters worse is thesituation will be more serious. However, at the behind of serious environmentpollution accident, not only has the reason of production equipment and the drainageway are not up to the standard, but also because the relevant departments responsiblefor the supervision and management of the environment dereliction of duty fails toperform or not to perform duties supervision and management of the environment,and fails to strictly control environmental pollution accidents from the source is agreat driving force leading to environmental pollution accident frequency. The environment supervising and managing dereliction of duty crime belongs toenvironment supervision crime, and it be formal included in the scope of criminal lawin the1997revision of the criminal law. At this moment, the environmental pollutionaccidents began to draw the public’s attention slowly. But generally after a seriousenvironmental pollution accident, few would think of relevant regulatory staffmalfeasance, judicial organs and the people are more inclined to pursue theresponsibility of accident units and their head. Therefore, often leads to such a viciouscircle: After part of the enterprise as a major environmental pollution accident andbeen ordered to shut down or those responsible be punished, there will be other partsof the enterprises be put into production just like bamboo shoots after a spring rain,then they pollute the environment, and then be shut down. On the face of it, thecountry spares no effort to fight against environmental pollution accident, but inreality, instead to reduce environmental pollution accident, it has become more andmore frequent. The reasons which lead to the emergence of this situation, On the onehand, mainly because of environmental monitoring agency staff supervision does notreach the designated position, failed to stop the environmental pollution accidentsfrom the source; on the other hand, environmental regulation dereliction of dutybehavior does not immediately and instantly lead to environmental pollution accidents,combined with the difficulty of subjective cognizance and unclear standards ofobjective behavior, at present, to affirm environmental regulation by zookeepers inthe judicial is relatively difficult, which make the environmental regulation ofnegligence difficulties in judicial application.This article is advanced under the situation that it was learned that environmentalregulation of negligence to the above dilemma. This article mainly aroundenvironmental regulation in the criminal law theory and judicial practice ofnegligence to the encountered problems, on the basis of the whole article is dividedinto five parts, dialectical analysis respectively on problems as introduction toenvironmental regulation of negligence, subjective sin, objective behavior, applicationof the latest judicial interpretation, penalty configuration etc. On this basis, the authorput forward some opinions on this problem, hoping to make some contributions totheoretical research and applicable of this crime. In the first chapter introduced thegeneral situation of the environmental regulation dereliction of duty crime legislationin our country, and after that, made a clear distinction and definition to the problem ofenvironmental regulation of negligence crime attributes, that is, this crime belongs to the malfeasance crime in nature rather than the environmental crime; The secondchapter mainly aims at defining the subjective sin problems of this crime, first of all,dialectic analysis the rationality of criminal negligence constitute this crime and theinfeasibility of indirect intent constitute this crime, and then, to affirm that thesubjective sin of this crime is criminal negligence. Secondly, on the basis of affirmingthe subjective sin as of this crime as negligence, from the perspective of thesupervision-negligence, to investigate and analysis the two types ofsupervision-negligence, that is careless negligence and negligence with undueassumption; The third chapter mainly aimed at the existing problems in this crime inthe objective behavior cognizance. The purpose of this chapter is to through thefollowing three aspects as actus reus, results factors, and causal factors to define theobjective behavior, then identifying that nonfeasance and feasance can becomebehavior of this crime under the circumstance of refuting purely nonfeasance sayingand purely feasance saying can become the behavior of this crime. And give anin-depth analysis to the situation that the causal relationship between the behavior andresults is different from general causal relationship. The fourth chapter mainly aimedat About to deal with pollution of the environment criminal cases to explain someissues of applicable law formulated by supreme people’s court and the supremepeople’s procuratorate in2013to analyze the related problems in the judicialapplication of this crime. Finally, in the legislative changes with related charges incontrast with judicial interpretation, it shows that this crime there are deficiencies inthe penalty set, in the fifth chapter of the article analyzes the deficiencies and theimprovement of the related suggestions are put forward, hoping to make contributionsto this crime legislation perfect.