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Researching on Law Matters of Subjects of Environmental Criminal Procedure
Author: LiuLiMing
Tutor: LiuWenYan
School: Northeast Forestry University
Course: Environment and Resources Protection Law
Keywords: Environment Criminal suit Subject
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 47
Quote: 2
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Abstract
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In recent years, environmental violations continue outbreak, the environment, criminal justice cases rarely. This fact shows that the environmental criminal sanctions as an important role of the State Environmental Protection last line of defense, but in environmental protection should have and did not fully play out. Environmental Criminal body as the Environmental Criminal Procedure promoters and the operation of the entire program by a variety of environmental criminal law implementers, their behavior to play the role of environmental criminal law has an important impact, even decisive role in environmental criminal litigation has not shirk its responsibility for environmental protection. Therefore, the environment, the main problem of the Criminal study is of great significance in the environment, the basic theory of the Criminal Procedure. It is clear the rights and obligations of the various entities, and litigation status, clarify the purpose of the Environmental Code of Criminal Procedure has important theoretical significance. In addition, the criminal proceedings as a law applicable implementation process, strengthening of the the Environmental Criminal body of research also has important practical significance. This article defines the main concepts of the environmental Criminal Environmental Criminal body is the in environmental criminal process, expose and confirm the environmental crime, punishing environmental crime, maintenance of environmental order as the fundamental purpose, to participate to the environment in the criminal proceedings, with independent status of the litigation, and a decisive role in the production, development, as well as the outcome of the criminal proceedings, state organs and individuals, and summarizes the main characteristics of the environment Criminal pointed out the problems that exist in the Environmental Criminal body, including environmental criminal the outstanding litigation 'main administrative interference, Subject of Investigation is conducting an investigation of environmental crimes cases unsuitability, the scope and responsibilities of the prosecution of the main provisions are too strict, the trial of the main judicial misconduct, as well as the implementation of the main execution constraints. In order to solve the problems of the Environmental Criminal body, drawing on specialized Subject of Investigation in the United States, Canada prosecute the subject conditional citizens of France specialized in the trial of the main forms of organization, according to China's national conditions, from the executive authorities responsibility angle to reduce administrative interference; reset the scope of the subject and conditions of the investigation, the establishment of a specialized environmental investigation agency; and appropriate relaxation prosecute the main range of conditions, conditional gives citizens the right to sue, while relieving the prosecution body burden of proof range; norms trial the behavior of the main body, the judges absorption of Environmental Law, the implementation of the public - expert jury system; perfect execution of the implementation of the main conditions to strengthen the implementation of the coordination between the subject and the environmental protection authorities, the execution and taken to temper justice with mercy. Finally arrive at the conclusion that the main set of environmental criminal proceedings shall conform to the characteristics of environmental crime.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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