环境监管失职罪的认定与完善-法律学专业论文.docxVIP

1 1 2 2 Abstract In 1997, Criminal Law in 408th section adds a new crime named environmental supervision and dereliction of duty crime, ancillary judicial interpretation also unveiled,in1999,2001and2005,The Supreme Peoples Procuratorate introduce judicial interpretation to define the crime, The Supreme Court in 2006 issued judicial interpretation to define the crime or convict conditions were defined. In 2013, The Supreme Peoples Procuratorate and The Supreme Peoples Court jointly issued a judicial interpretation about handling criminal cases of environmental pollution by applicable law a number of issues of interpretation, environmental regulatory accountability system was basically established. But in the case of criminal negligence environmental regulatory system has basically established, In Judicial practice ,environmental regulation applicable to the crime of dereliction of duty has many disputes. On the one hand, identitifing the crime has disputes in judicial practice; on the other hand, people on environmental regulatory dereliction of duty personnel the penalties too light discontent. These issues reflect the lack of environmental regulation and judicial interpretation of criminal legislation. The theoretical studies on environmental supervision and dereliction of duty crime can not meet the needs of practice. Thus, Researching issues related to this crime is necessary. In this paper, combined with the environmental supervision and dereliction of duty crime in judicial application, Discussion on environmental supervision and dereliction of duty crimes’ difficulties and disputes in judicial practice, through analysis of serious irresponsibility, Analysis of causality, Analysis of the main, Analysis sin and other related controversial issues, will offer reference on correctly identified this crime in judicial practice; Through analysis of this problem into less crime and light sentence and explore the legislative and judicial interpretation of defects, these