On The Starting Procedure Of Environmental Criminal Procedure

Environmental crime, also called nuisance crime refers to violations of the human environment or environmental law benefits crime. Judicial practice, the total amount of crime increased year by year; charges concentrated, serious consequences,environmental criminal prosecution rate. Environmental crime has its particularity, the traditional start criminal procedures have been unable to adapt to the needs of environmental protection of legal interests, therefore to examine the new program- the Environmental Criminal proceedings start the program. It is intended to encompass a complete program for each stage, has a profound theoretical foundation, environmental justice is the most important theoretical foundation, which aims to advance the prevention of environmental risks, the guiding principles of environmental risk precautionary principle and the principle of proportionality, it also includes environmental law benefits and environmental citizenship and so on. Based on this, five were from filing stage, the investigation stage, private prosecution stage, the stage of the prosecution as well as auxiliary systems like build environment criminal proceedings start the program. In the filing stage, reducing the filing standards, a high degree of probability standard to prove there is or may act endangering the environment;environmental crime means the crimes, the environmental crime should be given the main sin, the public prosecution appears jurisdiction intersect the first takeover of reported authorities jurisdiction; setting behavior preservation. In the investigation stage,mainly improve the environmental investigation of offenses created procedural sanctions. In private prosecution stage, by reducing the limit to prosecute cases of private prosecution and the establishment of private prosecution relief assistance system to improve the environment from the right to appeal in criminal proceedings victims.The prosecution phase, improve the indictment the prosecution case litigation rights allocation mechanism, expand crime control and prosecution discretion, establish procedural sanctions against environmental behavior indictment. Environmental policesystems and professional defense system is necessary supporting system.