With the in -depth advancement of the construction of ecological civilization in my country，Guide to adhere to the thought of Xi Jinping's ecological civilization and the idea of ​​Xi Jinping's rule of law，Correctly deal with the relationship between key attack and synergy governance，Further improve the legal mechanism of pollution environmental crime governance，can actively and effectively cope with ecological environmental risks。

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Pollution environmental crime refers to the illegal emissions of the perpetrators exceeding the environment、Material or energy of regeneration ability，It has a reduction in environmental quality、Acts that destroy ecological balance and infringement of human environmental interests or danger of reality。The legal mechanism of pollution environmental crime governance is in the field of environmental pollution crimes，Guided by legal system functions，Legal system for the purpose of giving full play to various legal system functions。It covers legislation、Three subsystems of justice and law enforcement，Mainly manifested as the operation process of environmental criminal law mechanism。To improve this legal mechanism，First, we must consolidate its theoretical basis。

First，Weak human centerism advocates a relative reality、A focus on moral system，In promoting the survival of people、The purpose of the development of the ecosystem is strongly protected，The foundation of ethical views on the legal mechanism of pollution environmental crime governance。Next，The theory of environmental rights in the new era emphasizes，The right of people enjoying the overall ecological environment is the specific presentation of a better living right in the ecological environment，It should be the protection content of the legal mechanism of pollution environmental crime governance。Last，Ecological law and benefit theory condenses the interests of various ecological subjects including people, including people,，Strive Bet365 app download for legislation、System functions that fully realize ecological legal benefits in the process of judicial and law enforcement、Resource functions and social functions，Ecological legal benefits are undoubtedly the protection object of pollution of environmental crime governance legal mechanisms。

Improve legal specifications

First, clarify the criminal legislative idea of ​​pollution of environmental crimes。First，Adopt the environmental ethics view of weak human centralism。Ecological legal benefits pre -protection should be restrained，To promote the harmonious development of the ecological community at the unified level of theoretical philosophy and practice philosophy。Next，Persist in criminal legislation one -level body。The traceability thinking of human interests is derived from the legislative system that derives natural crimes and legal crimes，Even in the context of environmental code compilation，There is no need to set up separate charges and legal punishment in environmental administrative law。Last，Create a variety of environmental risk prevention and control methods。Standards based on the form of infringement or danger of legal benefits，Pollution environmental crime includes both behavioral prisoners and result prisoners，It also includes dangerous prisoners and actual criminals。

Second, to improve the constituent element and system of pollution environmental crime。On the one hand，In order to reasonably play the function of the legislative mechanism，The crime of losing pollution should be added，But it cannot be stipulated as a strict responsibility crime; expand the crime of illegally disposing of imported solid waste、The scope of the crime of importing solid waste without authorization，and change the crime to illegally dispose of imported waste、The crime of importing waste without authorization; deleting illegal disposal of imported waste crimes to aggravate composition，Make as a result of the result、Imported waste crimes with unauthorized mitigation became to prevent overseas waste from entering the country、The final line of defense for preventing the risk of environmental pollution。On the other Bet365 app download hand，Modified by the Criminal Law Amendment (4), "Criminal Law Amendment (8)" and "Criminal Law Amendment (11)"，my country has formed a relatively complete pollution environmental crime system，According to realistic national conditions and weak human centralism ethical views，No need to add pollution of pollution、Crimes such as noise pollution。

Third is to improve the pollution environment governance mechanism in the pre -environmental method。Except for the legislative mechanism that directly controls polluting environmental crimes，Relevant system that indirectly controls pollution environmental crimes also needs to be improved。For example，Although the environmental civil public interest litigation system established by the Civil Procedure Law has functions similar to environmental damage compensation system，Can prevent and configure environmental risks，But there are still disadvantages。The judgment standard for major risks should be clearly clear in the future，Reasonable allocation of proof liability，Rich responsibilities to bear the form，Strengthen the coordination of various execution measures。Another example is，Although the environmental administrative public interest litigation system stipulated in the Administrative Procedure Law has the same purpose as the environmental civil public interest litigation system，It is conducive to supervising the performance of environmental protection supervision，But there are still deficiencies。The plaintiff's status should be clear when revising the law in the future，Broaden the scope of the case，Given a period of performance in the pre -procedure of the lawsuit to be elastic，Focus on judging whether administrative organs perform their duties with behavioral standards。

Optimize the judicial mechanism

First，The statutory responsibilities of the judicial organs must be standardized。First，Standards exercise the responsibilities of public security organs。The current survey system is not highly specialized、It is difficult to carry out environmental crime investigation and evidence、Real difficulties such as handling environmental crimes are poorly connected。Unexpectedly to create bet365 Play online games a professional investigation team，Improve on -site evidence collection ability，Standardize the transformation of execution evidence，Innovative environmental crime work mechanism。Next，Standardize the responsibilities of the procuratorial organs。The current judicial supervision mechanism is difficult to start or passively started、Transfer standards for administrative law enforcement and the damage characteristics of the ecological environment contradiction、Law litigation mechanism lacks effective connections and other difficulties。So，Need to improve the mechanism of long -term linkage for environmental protection，Develop administrative law enforcement standards that meet the characteristics of ecological environmental damage，Refining the three major litigation laws on the linkage regulations on procuratorial supervision。Last，Standards exercise the responsibilities of the trial organ。Currently, the setting of judgment agencies lacks a unified plan、Lack of independent trial procedures、Damage appraisal method is not scientific enough，Therefore, it is necessary to unify the "three trials and one" agency settings，Determine independent trial procedures，Build the risk assessment standard system of chemicals in different environmental media and circulation exposure。

2，Cracking the applicable dilemma of special programs。On the one hand，As far as the application of the environmental public interest litigation system，Prosecutors' litigation status is unknown、Case clue conversion mechanism is not smooth、Incarbons such as pre -litigation procedures，Demonstrate the definition of the litigation status of the procuratorial organs、Greed the source of the case clue、Improve the urgency of internal regulation procedures and external guarantee measures。On the other hand，In terms of the application of confession and confession procedure system，The procedural implementation of recovery judicialness is irregular、Practice exploration with obvious regional characteristics and other regrets，It means that the recovery judicial system should be connected bet365 live casino games with the traditional criminal judicial system，Procedure guarantee for strengthening the repair of ecological environment。

third，Clarify the determination of environmental crimes and the rules of sentencing。All kinds of pollution environmental crimes，The highest incident rate of pollution environment，It has greater legal and benefits and prevention and necessity，Must focus on its conviction and quantitative sentence。In the form of sin，This crime should be intentional offenders，Because this is in line with the original intention of the prevailing of ecological legal benefits，helps to punish the formalities of the common commitment，Can block the punishment vulnerability to the greatest extent。In terms of behavior structure，This crime belongs to the plot crime，and present a complex structure that coexist various types of illegal types，Due to the "severe pollution environment", the behavior of the pollution environment is serious and the consequences of pollution environmental behavior are serious，"Supreme People's Court、The Explanation of the Supreme People's Procuratorate on the Application of Laws of Criminal Cases of Environmental Pollution "also reflects the tendency of identification of guilty guilt。In terms of causality，This crime should not be simply mounted to the theory of the cause and effect of the epidemic science、Objective Attribution Theory、The theory of considerable causal relationship or dangerous theory is blame，should distinguish between non -result belonging and result belonging，Posted by each pollution behavior with abstraction of the ecological environment，and the relief judgment of the ecological environment results of the pollution behavior of infringing the results of the ecological environment。

Empirical Research Digesty，In recent years, the phenomenon of minimalization of environmental crimes has changed，Penalties under the role of recovery judicial effects gradually become reasonable，But there are still different sentencing standards、Freedom torture applicable structural imbalance、Femites and penalties for failure。For this，The height of bet365 best casino games rising to sentencing methodology is solved。On the one hand，Accurate application of sentencing rules。​​When the crime of pollution environmental crimes must ensure that the proclaimed sentence is compatible with its criminal responsibility，Pay attention to the width punishment function of the ecological restoration plot，The scope of the interference of punishment、The strength is controlled within the minimum。On the other hand，Moderate environmental compliance。The cooperation model of unit crime punishment is the main line，Guidance with the purpose of preventing and protecting ecological legal benefits，The relationship between the effectiveness of environmental compliance and the plot of sentencing，Make a decision without prosecution or give a lenient punishment in accordance with the law。

Strengthening torture

The execution mechanism of pollution environmental crime treatment mainly involves the use of non -penalty treatment methods，Especially the method of restoration of ecological environment and community correction。

Ecological environment restoration is a non -punishment theory.，In terms of sentencing theory, it is a kind of disciplinary plot from a wide punishment，In the theory of execution, it is an important measure to strengthen torture。It requires both the environmental protection department to play the coordination center of the ecological restoration system project，can also ensure the visibility of ecological repair，greatly improved the effectiveness of the legal governance of pollution environmental crime。

Although the community correction has the color of community prisoner，But weakened the closedness of the execution of punishment。Current，In practice, there have been supplementary planting (species) compound green、Fuxing Land、Purifying waters and other useful explorations into the community correction plan。This is not only the in -depth implementation of recovery judicial concepts，And an extension of the possibility of the actor's crime，Not only the docking with the restoration system with the ecological environment，It is also conducive to saving ecological environment resources。

　　(This article is the Study Research on the Diversified Governance Mechanism of Pollution Environmental Crime "(19ZDA161) in the National Social Science Foundation of the National Social Science Foundation

(The author is a researcher at the Human Rights Law Research Institute of Huazhong University of Science and Technology)