The Research For The Crime Of Dereliction Of Duty In Environmental Supervising And Managing

Human beings overused the natural resources and released the poisonous and harmful substance that made great environmental pollution.In order to resolve the increasingly serious environmental problems,the government has been taking measures to deal with the environmental pollution by public power,such as giving administrative penalties or criminal penalties to the polluters.The most important thing is that the person who has dereliction of duty in environmental supervising and managing is punished.the crime of dereliction of duty in environmental supervising and managing was born at the right moment.The crime has been troubled with many problems because of the imprecise legislation,the defective judicial interpretation and the local protectionism which hinder its' application.Firstly,the understanding is incorrect about the elements of the constitution of the crime.The subject of the crime and the range of duty in environmental supervising and managing are unclear.The factor of behavior only includes act,excluding the omission.The condition in results is too harsh and the scope of the results is confined,only referring the environmental pollution.The causation is hardly to be judged and the protection for the ecological interests is insufficient.Secondly,the statutory sentence is too light and the types of penalty is too little.The statutory sentence is imprisonment for three years or less and criminal detention.But the limitation of prosecution is five years which conflicts to the latent feature of the crime.Besides,many criminals were declared probation.Thirdly,the judicial interpretation is uncoordinated with other related crimes especially for the interpretation of the consequences,such as the crime for pollution of the environment.In order to solve the problems mentioned above,we can complete the crime by learning the foreign theories and experience.The first,improving the constitution of the crime.We should judge the subject of crime rightly.The factor of behavior should contain act and omission.The duties should be cleared.We should amend the results of the crime by reducing the standard of crime and extending the scope range of results of the crime.Strengthening the protection of the interests of ecological environment and using the theory of accident causation.The second,perfecting the criminal penalty.Formulating the different punishments according to the different results.The person who caused seriously environmental pollution accident should be sentenced to the lighter punishment and the person who caused great property loss or the great bodily injury and death.Adding the fine punishment and non-penalty methods.The restorative punishment can be used when it is necessary.The third,strengthening judicial interpretation.The interpretation about results of crime for pollution of the environment belongs to the crime for the dereliction of duty in environmental supervising and managing.