On The Difficulties And Countermeasures Of Investigation Of Environmental Crime Cases In China

Since the 1970 s,with the acceleration of the global industrialization and the rapid development of China's social economy,facing the increasing threat and pressure of environmental pollution,people begin to seek more solutions to environmental problems.At the legal level,more aggressive and deterrent detection methods have been increased.Therefore,the investigation of environmental crime is highly regarded.In this context,based on the status analysis of the characteristics and the investigation of environmental crime in China,focusing on the investigation predicament highlighted in the judicial practice of environmental crime investigation in China,which mainly includes the lack of specialization of the investigation subjects,the difficulties in obtaining the clues of the case,the difficulties of the cooperation of departments,the difficulties of obtaining evidence and identification,and the incomplete criminal legislation etc,this paper puts emphatically forward some countermeasures: First: The most important factor in the investigation of environmental crime is the subject of investigation,but the investigative subject in China has the low degree of specialization now.The author thinks that we should set up a special environmental crime investigation team as soon as possible within the public security organs,and strengthen the systematic training of investigators' relevant laws and professional knowledge.Second: There are few clues in the investigation of environmental crime in China.In practice,it mainly relies on the transfer of the administrative department.The author thinks that in addition to strengthening the internal assessment mechanism of the administrative department of environmental protection,we should also focus on the development of new clues,such as public participation and the Internet platform.Third: Due to the weakness of the main force and the complexity of environmental crime,the current investigation of environmental crime can't be separated from the cooperation of the relevant administrative departments.Therefore,require further strengthening the frequency and strength of administrative and criminal links and enriching the level and connotation of administrative and criminal links,and in practice really implement the system of department contact meeting,major case consultation,case information sharing and so on.In addition,the experience of the public security organs and the exchange of international environmental crime investigation are particularly important.Forth: Obtaining evidence for the investigation of the environmental crime is the difficulty in the investigation of the case.In consideration of the tremendous irreversible harmfulness of environmental crime,the author thinks that we should increase the authority of obtaining evidence for the investigation of environmental crime through a variety of channels such as legislation,establish a relatively complete database of environmental crime and a complete chain of obtaining evidence,and strengthen the training and standardization of obtaining evidence for the subject of environmental crime investigation.Fifth: To solve the predicament of environmental crime identification,through joint research,pilot start-up,case assessment and other methods,we can gradually establish a complete system for the environmental crime damage assessment including technology,work,system and the unity of all legal parties.Sixth: Environmental crime involves a wide range of fields and strong expertise.Currently,the relevant criminal legislation of environmental crime in China is not complete or has lagged behind with practice,which will bring a big barrier to the investigation of environmental crime.In summary,the author suggests we should regularly organize the experts in environmental protection,law and other aspects to improve the relevant legislation,enhance the operability of relevant laws,regulations and standards in order to better serve the judicial practice,construct the investigation mechanism of environmental crime and improve the quality and efficiency of combating environmental crime.