Research On Legal Issues In Investigation Of Environmental Crime

A good ecological environment is the basis for human survival and development.However,with the continuous development of human society,the degree of industrialization is getting higher and higher,the ecological and environmental problems become more and more prominent.Relying solely on administrative means to restrain environmental pollution and ecological damage behavior,has become more and more powerless.Since the 18th National Congress of the Communist Party of China(CPC)has promulgated a number of normative legal documents in the field of environmental protection,it has made new stipulations on the standard of conviction and sentencing for environmental crimes,and put forward new requirements for the investigation of environmental crime.In the deterrent effect.However,because of the late start of the criminal investigation work of environmental crime in our country,the judicial system against environmental crime is relatively weak,and the investigation of environmental crime cases still has a series of improvements.This article is mainly divided into three parts to research on the legal issues in the investigation of environmental crimes.The first part,the overview of environmental crime investigation.First of all,the concept and characteristics of environmental crime,the concept of environmental crime and its constituent elements of the analysis,and thus lead to the concept of environmental crime investigation and characteristics.Secondly,combined with the path of environmental crime investigation,elaborated the statutory mechanism of environmental crime investigation and its corresponding procedural regulation.The second part elaborates the problems in the operation of the investigation mechanism of environmental crime in our country.First of all,the issue of environmental crime investigation cases,mainly with the territorial jurisdiction,professional jurisdiction,general jurisdiction to discuss.Secondly,the problem of the connection of environmental crime investigation work mainly discusses the connection between the administrative organ and the public security organ,and the connection between the public security organ and the procuratorial organ.Again,the analysis of the investigating authorities for environmental crime cases in the lack of evidence collection capacity.Finally,the problem of the identification of the results of environmental crime is analyzed,which is difficult to determine the harm result and difficult to determine the harm range.The third part puts forward the consummation measures of environmental crime investigation mechanism.First of all,by analyzing the current situation of setting up environmental environmental police in China at present,this paper puts forward the necessity and feasibility of establishing environmental police in our country,so as to construct the specialized environmental crime investigation system.Secondly,from strengthening the information of environmental law enforcement department and criminal investigation department Third,from the standard of environmental crime evidence collection system,increase the intensity of environmental crime evidence,the establishment of environmental crime identification system,to improve the environmental crime evidence collection system;Finally,the system of environmental crime,The use of administrative procuratorial supervision of environmental violations of criminal investigation,the procuratorial organs in advance to join the investigation of environmental crime,the establishment of environmental crime investigation power control mechanism.