Research On The Legislation Of Environmental Criminal Litigation

Environmental criminal litigation is a judicial remedy to solve the environmental problems and protect the environmental,society and the public.Environmental criminal litigation is to protect the common interests of human and environment,expose and confirm environmental crime,and hold the process of criminal responsibility of environmental offenders.As one of the special litigation procedures,environmental criminal Procedure has its own unique criminal procedure system,rules and procedures.Because environmental criminal litigation is constrained by multiple factors such as national judicial resources,economic development and social stability,there are many legal problems in the filing system(filing standard,filing jurisdiction),investigating system(limitation of means,lack of sanction measures),prosecution system(subject limitation,vague discretion of discretion,fuzzy prosecution starting point)and trial system(environmental Court setting).Only by using legislative means to solve these problems effectively is the rational choice of perfecting our environmental criminal litigation.This paper is divided into six parts,the first part is the introduction.This paper mainly introduces the background of environmental criminal law,the significance of research,and the results of the theory and practice of environmental criminal legislation at home and abroad.The second part is the summary of the environmental criminal law.This paper introduces the concept,characteristics and historical development of environmental criminal law.The third part is the analysis of the current legislation of environmental criminal litigation in China,from the filing stage,the investigation stage,the prosecution stage,the evidence system and the trial stage several environmental criminal litigation legislation important stage,analysis of the present situation of the environmental criminal legislation in our country,it points out that the legislation of environmental criminal litigation in the filing stage,the filing standard is too high,the stipulation of the jurisdiction and implicated jurisdiction is unclear,the lack of behavior preservation system,the limitation of investigative means,the lack of sanction measures,the prosecution stage The limitation of the main body of public prosecution power,the stipulation of criminal control and prosecution discretion is ambiguous,the environmental Public Prosecution action establishes the procedure sanction measure lacks,the environment criminal prosecution beginning is vague and the term is short,the proof burden inversion system lacks,the causality presumption and the strict liability flaw,in the trial stage,the Environmental protection court setting is unreasonable,the jury of the environmental The fourth part analyzes the reasons of imperfect legislation of environmental criminal litigation in China,mainly because the relationship between human and human environment lags behind,the legal concept of conservative and backward,influenced by the traditional legislation system of criminal Procedure,the environmental criminal law process started late these factors,the fifth part is the foreign environmental criminal law investigation and enlightenment to our country.Select several typical countries to conduct environmental criminal legislation,including Japan,the United States,the Netherlands,such a successful experience,such national legislation on the environmental criminal law of our country has a great role,and has great significance for reference.The sixth part of environmental criminal law perfection.In view of the third part of the problems,from filing,investigation,prosecution,evidence,trial five aspects,detailed discussion of the environmental criminal legislation in China to improve the sound needs to be done.Filing stage,to reduce the filing standard and register environmental crime information,clear environmental criminal proceedings by the public security organ file,establish environmental behavior Preservation system,in the investigation stage,authorize the investigation organ can use special investigative means,to enable the litigation termination system to standardize the illegal investigation behavior,in the prosecution stage,to increase the environmental administrative organ as the main body of public prosecution,and set up a reprieve prosecution system,in legislation to the environmental public prosecution action should have sanctions measures to re-establish the starting point of limitation of prosecution,and set up a system of limitation of In the criminal evidence system,it is clear that the burden of proof is inverted in environmental criminal law and establishes the presumption theory of environmental causation and strict liability.In the case of criminal justice system,the establishment of the intermediate and above people's Court of environmental Criminal litigation,environmental experts to serve as jurors in the legislative system.The perfection and consummation of the criminal procedure legislation system is of great theoretical significance and practical significance to the study of environmental criminal litigation legislation in China.