Research On Public Policy Of Supreme People's Court In Environmental Pollution Criminal Justice

The Supreme People's Court solves disputes over the application of law and achieves fair trial through the creation and implementation of public policies,the implementation of decision-making arrangements of the Party and the government.In this paper,the author investigates the judicial application of judicial interpretation,judicial documents and typical case system in the crime of environmental pollution,and reflects on the deficiencies of the public policy of the Supreme People's Court in the criminal judicial practice of environmental pollution.Explore how to improve public policies in criminal justice of environmental pollution and promote the construction of ecological civilization.The main body of this article includes three parts: The first part,through the analysis of the operation of the public policy of the Supreme Court in the criminal justice of environmental pollution,investigates the current situation and changing trend of the punishment of the crime of environmental pollution in China,that is,the change of the creation mode,concept and judicial effect of the public policy of the Supreme Court in the criminal justice of environmental pollution.The second part is the focus of this paper.The author takes the criminal judicial practice of environmental pollution as the object of analysis to analyze the role of relevant judicial interpretations,judicial documents and typical cases in the judicial practice of environmental pollution crimes.The author also reflects on the deficiencies of the public policy of the Supreme Court in the criminal judicial practice of environmental pollution,that is,judicial interpretations have the suspicion of expanding legislation,judicial documents and guaranteeing the fairness of cases.There are contradictions,the guiding role of guiding cases is absent,and the demonstration effect of typical cases is not obvious.In the third part,the author puts forward the following solutions to the above problems.Firstly,we should adhere to the two principles of moderately considering political factors and overcoming legislative tendencies in policy creation;secondly,we should pay attention to the standardization of judicial interpretation,limit the guiding role of judicial documents,strengthen the reference effect of guiding cases,and pay attention to the demonstration effect of typical cases.