Study On Environment Supervising And Managing Dereliction Of Duty Crime

408th of the current criminal law on the crime of dereliction of duty in the regulation of specific provisions.This crime first appeared in the 1997 criminal law,which is separated from the crime of dereliction of duty,is the crime of dereliction of duty.Prior to this,the environmental regulatory staff dereliction of duty,are stipulated in the environmental protection law and other laws.The establishment of the criminal law in 1997 reflects the increasing awareness of environmental protection of our citizens,and fully recognizes the necessity and urgency of environmental protection.Our country has a vast territory and a large population.With the deepening of reform and opening up,it is inevitable that some people at the expense of the environment,the pursuit of economic growth,ignoring the protection of the environment and the implementation of sustainable development.Protection of the environment as a basic national policy of China,apparently not been recorded in the hearts of every Chinese citizen and implemented in action.In today's Chinese,environmental pollution is becoming increasingly serious,and the air pollution and water pollution is the most common in our daily life and our life,health is most closely related,threatening the production and life of mankind.Environmental governance imminent.The root causes of environmental regulation dereliction of duty may be able to explain one or two.In recent years,environmental regulatory incidents occur frequently.Collect and collate the comprehensive use of literature review method of data,using comparative analysis method at home and abroad on the current legislation of the crime,and according to the specific charges and this crime prone to confusion compared to distinguish.In addition,the theory of crime constitution analysis and system research method also provides the power for the completion of this paper.Due to the frequent occurrence of environmental pollution,environmental regulatory dereliction of duty has become a hot spot again.Prior to this,because of the defects of the crime itself,the theory of criminal law in our country is not in-depth study.I hope that through the in-depth study of the crime of dereliction of duty in environmental regulation,we can break through the impasse of the crime and usher in a new situation.At the same time,we also hope that we can arouse the attention of the ecological environment on which we rely on the protection of the blue sky and white clouds often,and haze say goodbye.The research on the crime of dereliction of duty in environmental regulation is divided into five parts.The first part is introduction.In this part,the purpose and significance of the topic,the domestic research on this crime,discusses the legislative status of the crime abroad,and the research methods,research ideas and innovations introduced.The second part is an overview of the crime of dereliction of duty in environmental regulation.The part from the definition of the crime of dereliction of duty environmental regulation theory of the dispute to discuss,analyze this is hidden,and the lag of regional characteristics,and these characteristics are the main reasons that difficult in practice.This paper also makes an investigation and Analysis on the legislative evolution of the crime of dereliction of duty in environmental regulation,and puts forward the preventive measures from two aspects of the environmental supervision staff and the social level.The third part is the constitutive requirements of the crime of dereliction of duty.Based on the theory of "four elements",this paper studies from the angles of object,objective aspect,subject and subjective aspect.The theory of criminal law is inevitable.In the aspect of object,the dual object theory is adopted to increase the citizen's environmental right on the basis of the traditional theory.The objective aspect is the consequence of serious irresponsible behavior and serious environmental pollution accident.The main body is a special subject,which is required to work in the environmental protection supervision department of the state organs.The subjective aspect should include the fault,but not the indirect intention.The fourth part is the identification of the crime of dereliction of duty in environmental regulation.The crime of environmental dereliction of duty crime,and crime of this crime and dereliction of duty were distinguished,provides guiding suggestions for the case in practice.This part also discusses the distinction between the crime of dereliction of duty in environmental regulation and some crimes such as the crime of polluting the environment and the crime of dereliction of duty.The fifth part is the legislative defects and suggestions of the crime of dereliction of duty.At present,there are some defects in our country's environmental regulation dereliction of duty,such as the main provisions are not clear,the punishment is too simple,and the allocation of legal punishment is not scientific.