Study On Environmental Supervision And Dereliction Of Duty Crime

Many people give up the environment benefits to obtain economic interests, along with the rapid economy development of our country, which leads to environment pollution accidents frequently. There always be dereliction of duty behavior behind the emerge in endless pollution events. So environmental protection attracts more and more attention today. Compared with those who directly implement pollution behavior, dereliction of duty behavior raise more puzzle and anger. It’s especially dazzling because we want the civil servants to have much diligence and integrity. Environmental Supervision and Dereliction of Duty Crime was added to criminal law as a response to the malpractice of regulators. But the Environmental Supervision and Dereliction of Duty Crime has much legislation defects which has produced many problems in the judicial use. It is unable to cope with today’s complex situation. So we need to perfect its legislation to provide scientific legal basis for judicial practice, to effectively punish Environmental Supervision and Dereliction of Duty Crime, to supervise the state functionaries in environmental regulation enforcement. Then it can support the environment law construction in our country.Firstly, this paper introduces the concept and present legislation situation of Environmental Supervision and Dereliction of Duty Crime; analyzes its constitutive requirements and criminal responsibility. Secondly, this paper elaborates the defects of this charge:crime subject is not clear, subjective aspect content is single, crime object scope is too narrow, practice behavior and casual relationship is hard to affirm, the legal sentence is not scientific, it lacks non-penalty methods, its affirmation boundary is not clear, its definition is not accurate. Thirdly, this paper inspects foreign law regulations on Environmental Supervision and Dereliction of Duty Crime, summarizes much reference. The last part is suggestions for perfection of this accusation:make the subject clear, add indirect intent to subjective aspect, add environmental rights to the object, affirm the practice behavior and casual relationship accurately, reset legal sentence scientificly, make the affirmation boundary clear, redefine its concept, it also needs to use some non-penalty methods.