Research On The Countermeasures For The Investigation Of The Crime Of Polluting The Environment

Under the current background of the times,the protection of the environment to punish environmental crimes has gradually been paid attention to by the state and the people.However,it is still difficult for the investigation work to be carried out in the case of crime in the environment of pollution.Environmental pollution crime means hidden,great harm,lasted for a long time;evidence is easily lost and fixed evidence search difficulties;investigation organs lack of professional investigation staff and professional detection equipment and a series of objective or subjective causes of environmental crime is difficult to get effective governance.In the face of this a series of problems in the process of handling a case investigators need to find a suitable starting point,the integration of social resources,and improve the convergence of administrative organ,an extensive search for cases,early intervention investigation,change from passive to active;the use of high-tech equipment and some non conventional methods that fixed evidence;change the thinking,take the path of investigation different according to different sources,combined with the crime of polluting the environment,comprehensive,continuous flow characteristics and potential and there are plans to show the investigation work.This article is divided into four parts:The first part is a summary of the crime of polluting the environment.The crime of polluting the environment is a new accusation appearing in the eight amendment of the criminal law.It defines the difference between the crime of polluting the environment and the related environmental crime,and understands the crime of polluting the environment from the perspective of criminal law.The crime of polluting the environment is a great harm to the people's health,the development of the national economy,and the earth environment on which we live.Considering the current situation of China,according to the specific conditions of our country,the degree of economic development and the degree of population distribution,we can find that the law of the occurrence of environmental pollution crime in China is mainly reflected in the geographical aspect.The pollution environmental crime cases concentrated in economically developed areas,such as Jiangsu and Zhejiang provinces,while the economically backward areas are very few in Northwest China.This phenomenon reflects the attitude of all parts of our country to the governance ofpollution and environmental crime.The second part discusses the characteristics of the crime of polluting the environment.Starting from the source of cases,criminal cases of environmental pollution in China most sources in the transfer of administrative organ,the administrative procedure has pre evaluation,and the number of cases of administrative punishment and criminal violation of the number of cases of imbalance;crime means covert,indirect,long and broad;and then to the subject of crime the characteristics,finally to the crime and the consequences of the crime characteristics of the causal relationship.The crime of polluting the environment is analyzed in four angles,and the crime of polluting the environment is observed in a three-dimensional way.The third part analyses the difficulties in the investigation of the crime of polluting the environment at present.The special administrative pre procedure of the environmental pollution crime leads to the difficulty of investigation,and the enthusiasm of the investigation organ is not high.The investigative organ lacks professional investigator and investigative equipment,and the evidence is difficult to obtain and fix,and there is no professional expertise institution to assist the investigation.The fourth part puts forward the investigation countermeasures through the analysis of the investigation predicament.First of all,we should give full play to the linkage advantages and strengthen the coordination and coordination.Ensure that the environmental protection administrative organs to actively cooperate with public security organs in advance;with the bidirectional supervision of people's procuratorate.Secondly,to build a professional investigation team.There are mainly the establishment of environmental pollution crime investigation departments,strengthening professional knowledge training of investigators,updating professional monitoring and monitoring devices,and giving special investigative measures to investigators.Finally,we should pay attention to the acquisition and fixation of evidence,take effective and reasonable ways to collect evidence and improve the forensic identification system of environmental pollution,and deal with complex environmental pollution crime cases through these targeted countermeasures.