Empirical Research On Law Enforcement And Prosecution Of Environmental Contamination Cases In China

Environmental pollution crime is mainly about sacrificing the environment or environmental resources in the pursuit of economic benefits.And environmental resources themselves are public resources,which are related to the living status of the public and the long-term development of the country.Environmental pollution crime has long been characterized by low cost of crime,high judicial cost and difficulty in criminal prosecution.In the juridical practice,there is a big contrast between the investigation and punishment of environmental pollution illegalities and crimes and the reality of environmental pollution.Phenomena of improper enforcement,slack supervision,replacing penalty with fines,the general lenient sentencing and no apparent ladder-type penalty exist widely.The root cause is the deficiencies of legislation and law enforcement.From the current situation of environmental pollution in our country and in combination with the current situation of law enforcement and prosecution in environmental pollution cases and related cases in recent years,this paper elaborates and analyzes the existing problems and causes in the process of law enforcement and prosecution of environmental pollution cases,mainly from the administrative law enforcement,the investigation of public security organs,the court's trial and execution,the procuratorial organs' legal supervision and other angles.Finally,the paper puts forward the law enforcement and prosecution advice for environmental pollution cases in China,so as to benefit the construction of environmental protection system in China.