The Judicial Determination Of Environmental Supervision

Current,Environmental pollution has become an important factor restricting the economic and social development of our country.The fundamental interests of environmental relations people and the long-term interests of national development.In today's society,environmental pollution accidents frequently occur,Although enterprises are directly responsible for the reasons,but the more important reason is the environmental watchdog,the weak supervision of law enforcement personnel.Therefore,to further strengthen the environmental supervision and to really play the deterrent and punishment of environmental regulatory departments and supervisors is one of the ways to effectively curb the frequent environmental accidents.In order to prevent the corruption and mismanagement of environmental regulators,the new crime of" environmental regulatory dereliction of duty " was added to the criminal code and formulated a matching judicial interpretation.However,since the implementation of this crime,because of its own inadequate provisions,it can not be very good to play the role of punishing crime in judicial practice.The existence of this phenomenon is not consistent with the common desire of the whole social resources saving and environment-friendly development from the institutional level.Based on the convenience of the job-related investigation crime and the judicial application of the crime,the author expounds the identification of the crime.This paper is divided into the following three parts:The first part is the overview of the crime of dereliction of duty,mainly introduces the behavior characteristics of environmental regulation and the causes of crime,defines the crime characteristics of this crime,which belongs to dereliction of duty in nature,not environmental crime;This leads to the controversy of the crime in the judicial determination.The second part mainly analyzes the application of the law of environmental supervision.Through the analysis of the crime in the judicial practice,there is less conviction,light sentencing situation;Whether the crime has joint crime;This paper expounds how to define the " serious irresponsibility and not duty".In order to better understand the crime,it also makes a distinction between negligence and work mistake in this crime.And focuses on the causality,crime and consequences of the crime,and puts forward his own views.At the same time,in order to punish the subject of dereliction of duty,clear the jurisdiction and litigation standards of environmental supervision and negligence cases,provide good advice for the next investigative authorities to better handle such cases.The third part is mainly for the second part of the article,the author puts forward some suggestions to solve the problem,hoping to bring help to the judiciary.