The Cognizance And Improve Of The Environmental Supervision And Dereliction Of Duty Crime

In1997,"Criminal Law" in408th section adds a new crime named environmentalsupervision and dereliction of duty crime, ancillary judicial interpretation alsounveiled,in1999,2001and2005,The Supreme People’s Procuratorate introduce judicialinterpretation to define the crime, The Supreme Court in2006issued judicial interpretation todefine the crime or convict conditions were defined. In2013, The Supreme People’sProcuratorate and The Supreme People’s Court jointly issued a judicial interpretation about"handling criminal cases of environmental pollution by applicable law a number of issues ofinterpretation", environmental regulatory accountability system was basically established. Butin the case of criminal negligence environmental regulatory system has basically established,In Judicial practice,environmental regulation applicable to the crime of dereliction of dutyhas many disputes. On the one hand, identitifing the crime has disputes in judicial practice; onthe other hand, people on environmental regulatory dereliction of duty personnel the penaltiestoo light discontent. These issues reflect the lack of environmental regulation and judicialinterpretation of criminal legislation. The theoretical studies on environmental supervisionand dereliction of duty crime can not meet the needs of practice. Thus, Researching issuesrelated to this crime is necessary. In this paper, combined with the environmental supervisionand dereliction of duty crime in judicial application, Discussion on environmental supervisionand dereliction of duty crimes’ difficulties and disputes in judicial practice, through analysisof serious irresponsibility, Analysis of causality, Analysis of the main, Analysis sin and otherrelated controversial issues, will offer reference on correctly identified this crime in judicialpractice; Through analysis of this problem into less crime and light sentence and explore thelegislative and judicial interpretation of defects, these reasons will help us to improve thecriminal legislation and judicial interpretation. This paper is divided into three parts:The first part is overview of environmental regulatory crime of dereliction of duty. thispart mainly introduce legislative history on environmental supervision and dereliction of dutycrime(including judicial interpretation) and Judicial Application about this crime, theseproblems lead to the conviction of the crime and judicial judicial determination of thecontroversy that arise little lighter sentencing issues in practice.The second part is judicial determination on environmental supervision and dereliction of duty crime. Firstly, this part introduce Seriously irresponsible controversy,and thenidentify it, distinguish between the crime of dereliction of duty and failure to work; Secondly,this part introduce the crime of causality; Thirdly, this part introduce the subject of this crimeis only the leader in charge of the main environmental regulation and general staff in chargeof environmental monitoring work; Fourth, this part discuss the sin of this crime can be onlynegligence; Fifth, this part introduce this crime and dereliction of duty in coincidence ofarticles relations, in the case, the court can only choose the priority of special law, but can notchoose solemn law; Sixth, this part discuss qualitative dereliction of duty after bribery.The third part is the environmental supervision dereliction of duty crime’s perfection.Firstly, this part discuss convicted of this crime less light sentencing reasons, elicit criminallegislation and judicial interpretation of defects; Secondly, this part introduce criminallegislation’s perfection, recommended that the environmental regulatory offense ofmisconduct committed by the real harm to perilous, to reduce the crime of convictedstandards; the author offer a suggestion about adding statutory penalty, for dereliction of dutyfor cause especially serious casualties consequences at more than three years to seven years inprison. Finally, this part introduce that we should perfect the judicial interpretation andjudicial interpretation should set the miscellaneous provisions, so that will seriously damagethe ecological environment function or will happen in the future great loss situation into thecircle of crime.