Research On Criminal Responsibility Investigation Mechanism Of Environmental Pollution Crimes

After many revisions to the Criminal Law and the revision of the judicial interpretation,the current environmental crime penalty system has made certain progress:the crime of"contamination of the environment"has been determined,and the subject of crime has been changed from a natural person to a natural person and a unit.The criteria for conviction are also quantified in the judicial interpretation.However,there are still some shortcomings in legislation and practice:administrative law,as one of the prerequisites for conviction of environmental criminal justice,seriously shakes the independence of the judiciary;the types of punishment are single and light,and the low cost of environmental crimes weakens the criminal legal punishment and crime prevention function.The realization of the ecological environment law benefits can not be fully compensated for in the environmental penal system,environmental liability compensation is transferred from environmental criminals,and so on.The outbreaks of sudden environmental incidents have uncertainties and suddenness,and the harms they cause have extensive and time urgency,and the types of events are also characterized by diversity and complexity.It is not enough to investigate the criminal responsibility of the system in dealing with sudden environmental incidents.Through the statistics and comparative analysis of the relevant judgments on environmental crimes in the past six years,the criminal accountability mechanism for environmental emergencies in China,That is to say,the criminal penal system for environmental crimes should be improved accordingly:at the legislative level,the preconditions for environmental crimes related to crimes can be divested from administrative law,and the impact of administrative laws on criminal justice can be alleviated;the penalty for environmental crimes,fines and fines can be increased.The upper limit is also divided into scientific levels,such as the use of a ban on the use of a stipulated penalty or the creation of a behavioral sentence such as the restoration of the original type of land;On the practical level,it can cultivate the professional knowledge of educational judicial staff in environmental crimes and enhance their professional quality;the environmental protection administrative organ should enhance the initiative to transfer environmental crime cases to public security organs and promote the judicial specialization structure of national environmental crimes.Construction.Perfecting the environmental penalty system is not only to fill in the defects of the film,in order to achieve the purpose of criminal responsibility investigation under sudden environmental incidents,but to promote the environmental criminal justice system while advancing the revision and progress of the environmental criminal justice system.Environmental criminal justice activities thus achieve the ultimate goal of protecting the environment.