Research On The Criminal Responsibility Of Unit Environmental Crime

Environmental protection is an important part of the construction of ecological civilization.To build an ecological civilization system and a beautiful China,we need to strengthen environmental protection and improve the environmental governance system.As an important component of the environmental governance system,the criminal law governance of environmental crimes should take on the important task of protecting environmental law benefits and punish environmental crimes more effectively.However,the criminal law is facing difficulties in the governance of environmental crimes,which are mainly manifested as ineffective criminal accountability and inadequate punishment of unit environmental crimes.This is not only not conducive to cracking down and curbing unit environmental crimes,but also difficult to effectively protect the ecological environment and achieve good ecological governance effect.The reason lies in the inappropriateness of the imputation mode of the existing unit environmental crime,the improper definition of the direct responsibility subject and the single way of criminal sanction.Therefore,we should strictly investigate the criminal responsibility of unit environmental crime and severely punish the unit environmental crime according to the environmental criminal policy.At the same time,in the process of investigating the criminal responsibility of unit environmental crime,we still need to stick to the principle of self-responsibility,the principle of unity of subjective and objective and the principle of modesty of criminal law,and on this basis we should perfect the criminal responsibility of unit environmental crime.The full text consists of more than 50,000 words and is divided into five parts:The first part,"Basic Combing of Criminal Responsibility for Unit Environmental Crime",defines the connotation and extension of unit environmental crime,and systematically combs the legislative status,theoretical disputes and governance status of unit environmental crime.Among them,unit environmental crime refers to the acts of members of companies,enterprises,institutions,organs and organizations that violate environmental protection laws and regulations,pollute or destroy the environment,cause serious damage to public and private property and human health,or are sufficient to cause a legal dangerous state for the benefit of the unit,with the consent of the collective decision-making or theperson in charge and other methods that can characterize the unit’s behavior,and are punishable under the criminal law.Through combing the legislative status,theoretical disputes and governance status,we can see that the legislation of unit environmental crime has experienced a process from scratch,from dispersion to concentration.The legislative value of unit environmental crime is to establish unit crime,standardize the behavior of the unit,promote the unit to form the consciousness and culture of abiding by legal norms,and then influence the behavior of the unit members through the internal management system of the unit,so that the unit members form the consciousness of abiding by legal norms.The imputation theory of unit environmental crime has the dispute between supervisory negligence theory and organizational theory.The governance of unit environmental crime has not achieved the desired results,and has not formed a long-term mechanism for the governance of unit environmental crime,but a short-term effect under the sports governance mode.The second part,"a realistic investigation of the criminal responsibility of unit environmental crime",explores the problems in the process of unit environmental crime accountability,including difficulties in prosecution of unit environmental crime,confusion in the identification of other directly responsible subjects,and insufficient punishment and deterrence of unit environmental crime.Among them,the difficulty in prosecution of unit crime refers to the difficulty in identifying the main body of unit crime,which is mostly identified as a natural person crime.The environmental resource crime accountability attaches great importance to the number of crimes punished,ignores the accuracy of crime punishment,attaches great importance to the punishment of natural person crime,and ignores the punishment of unit crime.Confusion in the identification of other directly responsible subjects refers to the fact that in the cases identified as unit environmental crimes,the general staff who did not actually take an active part or play a greater role are also identified as other directly responsible personnel,and the identification of other directly responsible personnel shows a tendency to expand.The lack of punishment and deterrence of unit environmental crime means that the fine penalty for unit environmental crime is difficult to achieve the general and special prevention effects of punishment,and lacks diversified and systematic punishment methods aiming at the particularity of unit environmental crime.The third part,"Analysis of the Causes of Criminal Responsibility for Unit Environmental Crime",analyzes the causes of problems in the process of unit environmentalcrime accountability,including inappropriate imputation mode of unit environmental crime,improper definition of other directly responsible subjects in the judiciary,and single unit criminal sanction.Among them,the inappropriate imputation mode of unit environmental crime means that the imputation basis of unit environmental crime originates from the criminal acts of natural persons and is limited by the judgment standard of "the characteristics of direct and active control by the unit".On the one hand,it is very difficult to identify unit environmental crime;on the other hand,it unduly narrows the scope of unit environmental crime.The improper definition of other directly responsible subjects in the judiciary is that the identification of other directly responsible subjects in judicial practice is not uniform and lacks more specific identification standards,so that the general employees who have neither actively participated nor played a greater role are identified as other directly responsible personnel.Unit criminal sanction is single,which means that unit environmental crime has only one kind of penalty: fine penalty.Single sanction cannot meet the need of punishing unit environmental crime.The fourth part,"Theoretical Basis for Investigating the Criminal Responsibility of Unit Environmental Crime",elaborates the criminal law theory that should be used to perfect the path of accountability for unit environmental crime,including the environmental criminal policy,the principle of self-responsibility,the principle of unity of subject and object and the principle of modesty of criminal law.From the establishment of the "strict" environmental criminal policy,it is required to pay attention to,attach importance to and perfect the accountability work of environmental crimes in units in the process of environmental crime governance.At the same time,it is also required to be lenient,strict and lenient.The principle of self-responsibility requires the unit to bear criminal responsibility on the basis that the unit itself has committed a criminal act,not the transfer of staff from the source unit.At the same time,it also requires that the identification of directly responsible personnel in the unit should have clear boundaries and cannot be implicated without restriction.The principle of unity of subject and object requires that in the process of investigating the unit’s criminal responsibility for environmental crimes,we must stick to the unity of subjective crimes and objective harmful behaviors,make comprehensive evaluation and overall consideration,and cannot fall into the wrong cognition of "crime can be committed without the intention of committing crimes".The concept of modesty in criminal law not only contains the meaning of restricting punishment,but also emphasizes the rationality and appropriateness of punishment.Giving full play to the efficiency of the unit crime system to crack down on and contain environmental crimes does not mean that the more and more criminal sanctions imposed on unit environmental crimes,the better the effect will be.Instead,we should pay attention to the purposiveness of the criminal sanctions on unit environmental crimes,that is,whether the criminal sanctions on unit environmental crimes are appropriate and effective.The fifth part is "perfecting the path to investigate the criminal responsibility of unit environmental crime",which is improved from three aspects: the imputation mode of unit environmental crime,the identification standard of the directly responsible subject,and the unit penalty mode.Among them,the perfection of imputation mode means that the imputation mode of unit environmental crime needs to be changed from one yuan to two yuan to realize the separation of the basis of unit criminal responsibility and that of natural person criminal responsibility and to construct the independent basis of unit criminal responsibility,thus realizing the "cooperative" governance of unit environmental crime by the state,giving the unit the obligation of supervision and management,and enabling the unit to assume organizational responsibility due to management fault.The perfection of the identification criteria for other directly responsible subjects refers to the establishment of specific judgment criteria for "providing intellectual support" and "providing technical support" based on the theory of neutral helping behavior and taking "active participation and playing a greater role" as the substantive criteria.The perfection of unit punishment means to establish "qualification punishment","freedom punishment" and "life punishment" that belong to unit environmental crime,and to construct a punishment system that belongs to unit environmental crime.