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Dilemma And Solution Of Judicial Application Of Crime Of Dereliction Of Duty In Environmental Supervisio

Posted on:2024-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:2556307130956839Subject:legal
Abstract/Summary:PDF Full Text Request
With the change of development concept,China pays more attention to the protection of ecological environment,and the amendments to the criminal law enacted in recent years are mostly related to the field of ecological environmental protection,which increase the fight against environmental crimes from the legislative level.Unlike the current expansive legislation on crimes against environmental resources protection,the crime of dereliction of duty in environmental supervision has not undergone any legislative changes since it was introduced into the Criminal Law in 1997,making it difficult to adapt to the new situation of ecological environmental protection and governance.Although the Supreme People’s Court and the Supreme People’s Procuratorate have issued several judicial interpretations to solve the difficulties encountered in the judicial application of the crime of dereliction of duty in environmental supervision,the effect is not obvious from the judicial practice of this crime.Through the analysis and collation of the published judicial documents of this crime,it can be learned that the difficulties in the judicial determination of this crime mainly include: the criteria adopted by different courts in determining the subject of this crime vary greatly;in the objective aspect,there is a high threshold of incrimination,which leads to some environmental supervision negligence not being recognized as this crime and insufficient proof of the causal relationship;at the same time,there is also an obvious tendency for the application of penalties for this crime.Therefore,to solve the above difficulties faced in the judicial application of this crime,first of all,it is necessary to accurately identify the subject of this crime,starting from the identity of the staff of state organs and environmental supervision duties,the scope of the concept of public officials as a complement to accurately identify the subject of this crime.As a crime of negligence,this crime is established by the occurrence of serious harmful consequences,but the provisions of the law on the harmful consequences of this crime are unreasonable,resulting in the high threshold of the crime,which can be adjusted by referring to the legislation on the crime of pollution of the environment;as a crime of supervisory negligence,the causal relationship is more complex and special,and the objective theory of attribution can be used to determine the causal relationship of this crime.This crime as a crime of supervised negligence is more complex and special.There are unreasonable penalties for this crime,and in practice,the court tends to impose lighter sentences in the specific cases of this crime,which will affect the realization of the criminal law function of this crime,and can strengthen the fight against the crime of dereliction of duty in environmental supervision by increasing the penalty of this crime to match the liberal sentence,so as to truly realize the legislative purpose of this crime.
Keywords/Search Tags:Environmental supervision, Crime of dereliction of duty in environmental supervision, Crimes of dereliction of duty
PDF Full Text Request
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