Research On The Improvement Of The Evidence System For Contaminated Environmental Crime Cases

Ecological civilization concept has become the new guiding ideology of our country's economic and social development.The eleme nts of our society have to make an adjustment for the requirement of it.As the severest means to protect the environment,the criminal law should build the most solid protective screen.However,when disposing the crime of environment pollution,a bottleneck problem in the evidence system troubles everybody.Because of the difficulty for the evidence obtaining and the difficulty for the causality proving,it is very hard for the disposing of the crime of environment pollution as customary.It will even invert the substitute administrative penalty for criminal punishment.It will invert the offenders get away with murder too.In order to improve the environmental criminal law as soon as possible and improve our country's environmental criminal lawsuit system and play the role of guarantee for the environment,we should refer to the special evidence theory and the advanced experie nce in the civil law ?administrative law and developed country.That is applying the inversion of burden of proof to some extent and making adjustments for the sphere of proof?the level of proof in both sides of defendant and planning as a whole for the work of the environmental protection agency?investigative organization and procuratorial organs.This article is divided into several parts,that is the introductory theory ? the main body ? the conclusion ? the references and the acknowledgement.There are five chapters in the main body.The concrete structure of the thesis is as follows:The chapter one defines the basic issue of the crime of environment pollution.It distinguishes the crime of environment pollution from the other environmental crime.It indicates the characteristic of the crime of environment pollution and the current situation of legislation.The chapter two elaborates the reason of the improvement of the environmental criminal lawsuit system from the perspective of necessity.It analyzes the characteristic of the environmental evidence.It indicates the directions and the crying needs of the litigation reform centered on trial.The chapter three disentangles the present situations and the insufficiencies of our country's environmental criminal lawsuit system.These insufficiencies reflect on the aspects of the legislation and judicature.O n the basis of the analysis,we can understand the reason of these insufficiencies.The chapter four refers the abroad advanced experience from the perspective of the continent law and common law.It makes the research on the special evidence theories and establishes the theoretical and practical foundation for the development of environmental criminal evidence system.The chapter five starts with the inversion of burden of proof and establishes the sphere of proof theory/ the level of proof theory and the way how transform the administrative evidences into the criminal evidences.It will provide the references for our country's improvement of environmental criminal law.