Research On The Application Of Environmental Crime Evidence In China

With the increasingly serious environmental damage and pollution,criminal regulation is the most effective way to protect the environment.But in the concrete practice,because of the special nature of the environmental crime evidence,and the lack of relevant laws and regulations,which make the use of evidence in the process of prosecution of environmental crimes lack of professionalism,normativeness and effectiveness,etc..Moreover,it is hard to attack environmental crimes timely and accurately,and it is difficult to achieve the value of criminal law which regulating the environmental crimes.Therefore,this paper will start from the current situation of environmental crime evidence in the specific practice and its existing problems,combine with the characteristics of environmental crime evidence and the reality of China's regulation of environmental crimes,and compare the specific practices of the application of foreign environmental crime evidence,thereby it will analyzes the collection and fixation of environmental crime evidence,the mutual transformation of administrative evidence and criminal evidence,the distribution of burden of proof,and the review and judgment of evidence,etc.in china.Meanwhile it will put forward the corresponding suggestions to the existing problems simultaneously.In this way,this paper is expected to better discover the facts of the case in the practice of criminal proceedings in specific environmental crimes,and provide theoretical guidance,and ensure the legitimacy and authority of judicial decisions.Thereby we can combat the environmental crimes more effectively and protect the natural environment on which humans live.