With the further advancement of my country’s ecological civilization construction,We must adhere to the guidance of Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law,Correctly handle the relationship between key tasks and collaborative governance,Further improve the legal mechanism for the treatment of bet with bet365,In order to actively and effectively respond to ecological and environmental risks。
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Environmental pollution crime refers to the perpetrator’s illegal discharge exceeding the self-purification of the environment、Substance or energy with regenerative ability,Has the effect of reducing environmental quality、A punishable or dangerous act that damages the ecological balance and infringes upon human environmental interests。The legal mechanism for the treatment of bet with bet365 is in the field of bet with bet365,Oriented by the functions of the legal system,A legal system with the purpose of giving full play to the functions of various legal systems。It covers legislation、Three subsystems of justice and law enforcement,Mainly manifested as the operation process of the environmental criminal law mechanism。It is necessary to improve the legal mechanism,We must first solidify its theoretical foundation。
First,Weak anthropocentrism advocates a relative reality、A focused moral system,Promoting human survival、Strong protection of ecosystems under the purpose of development,Laid the ethical foundation of the legal mechanism for the treatment of bet with bet365。Secondly,Theoretical emphasis on environmental rights in the new era,The rights that people enjoy to the overall ecological environment are the concrete manifestation of the right to a better life in the field of ecological environment,Should be the protection content of the legal mechanism for the treatment of bet with bet365。Finally,Ecological legal interest theory embodies the interest needs of various ecological subjects, including people, for ecological elements and ecosystems,Strive to legislate、System functions to fully realize ecological legal interests in the judicial and law enforcement process、Resource function and social function,Ecological legal interests are undoubtedly the protected objects of the legal mechanism for the treatment of bet with bet365。
Improve bet with bet365 regulations
First, clarify the criminal legislative ideas for bet with bet365。First,Adopt a weak anthropocentric environmental ethics。Pre-positioned protection of ecological legal interests should be restrained,We must promote the harmonious development of the ecological community at the unified level of theoretical philosophy and practical philosophy。Secondly,Adhere to the unified system of criminal legislation。The retrospective thinking of human interests has led to the legislative system of integrating natural crimes and statutory crimes,Even in the context of environmental codification,There is no need to set up separate crimes and statutory penalties in the Environmental Administrative Law。Finally,Create multiple environmental risk prevention and control methods。Based on the infringement or danger of legal interests,bet with bet365 include both behavioral crimes and result crimes,Also includes dangerous criminals and actual perpetrators。
The second is to improve the constituent elements and crime system of bet with bet365。On the one hand,In order to properly exert the functions of the legislative mechanism,The crime of negligent environmental pollution should be added,But it cannot be defined as a strict liability crime;Expanding the crime of illegal disposal of imported solid waste、The scope of the crime of unauthorized import of solid waste,And change the crime to the crime of illegal disposal of imported waste、Crime of unauthorized import of waste;Delete the aggravating elements of the crime of illegal disposal of imported waste,To commit a crime as a result、The crime of unauthorized import of waste by the actual perpetrator has become the prevention of the entry of overseas waste、The last line of defense against the dangers of environmental pollution。On the other hand,After the amendments of the "Criminal Law Amendment (4)", "Criminal Law Amendment (8)" and "Criminal Law Amendment (11)",Our country has formed a relatively complete environmental pollution crime system,Based on the actual national conditions and weak anthropocentric ethics,No need to add the crime of ocean pollution、Noise pollution crimes and other crimes。
The third is to improve the environmental pollution control mechanism in the environmental preposition law。In addition to the legislative mechanism that directly controls bet with bet365,Relevant systems for indirectly controlling bet with bet365 also need to be improved。For example,Although the environmental civil public interest litigation system established in the Civil Procedure Law has similar functions to the environmental damage compensation system,Be able to prevent and fairly allocate environmental risks,But there are still disadvantages。The criteria for judging major risks should be clarified when revising the law in the future,Reasonable allocation of the burden of proof,Enrich the forms of responsibility,Strengthen the coordination of various implementation measures。Zairu,Although the environmental administrative public interest litigation system stipulated in the "Administrative Litigation Law" has the same purpose as the environmental civil public interest litigation system,Conducive to supervising the performance of environmental protection supervision responsibilities,But there are still shortcomings。The status of the plaintiff should be clarified when revising the law in the future,Expand the scope of cases,Give certain flexibility to the performance period in pre-litigation procedures,Focus on behavioral standards to judge whether administrative agencies are performing their duties。
Optimizing the judicial bet with bet365
First,The legal duties of judicial organs must be performed in a standardized manner。First,Standardize the performance of public security organs’ duties。The current investigation system has a low degree of professionalization、It is difficult to carry out bet with bet365 crime investigation and evidence collection in a timely manner、Resolving practical difficulties such as poor connection between execution mechanisms for bet with bet365 crimes。There is an urgent need to build a professional investigation team,Improving on-site evidence collection capabilities,Standardize the transformation of execution evidence,Innovative execution linkage working mechanism for bet with bet365 crimes。Secondly,Standardize the performance of procuratorial organs’ duties。There are procedures in the current judicial supervision mechanism that are difficult to start or are passively started、The transfer standard of administrative law enforcement is inconsistent with the harmful characteristics of the ecological environment、Difficulties such as lack of effective connection between litigation mechanisms。Therefore,Need to focus on improving the long-term linkage mechanism for bet with bet365 protection,Develop administrative law enforcement standards that are consistent with the characteristics of ecological bet with bet365 damage,Refining the connection provisions of the three major procedural laws regarding prosecutorial supervision。Finally,Standardize the exercise of duties of judicial organs。The current judicial institution setup lacks unified planning、Lack of independent trial process、The damage identification method is not scientific enough,Therefore, it is necessary to unify the institutional setting of “three trials in one”,Determine independent trial procedures,Construct a risk assessment standard system for chemical substances in different bet with bet365 media and circulation exposure scenarios。
Second,The dilemma of cracking the application of special programs。On the one hand,In terms of the application of the bet with bet365 public interest litigation system,Unclear litigation status of the procuratorial organ、Poor case clue conversion mechanism、Defects such as imperfect pre-litigation procedures,Highlights the clear litigation status of the procuratorial organs、Expand sources of case clues、The urgency of improving internal adjustment procedures and external safeguards。On the other hand,In terms of the application of the guilty plea and punishment procedure system,Irregular implementation of restorative justice procedures、Practical exploration has obvious shortcomings such as regional characteristics,Meaning that the restorative justice system and the traditional criminal justice system should be connected,Strengthening procedural guarantees for ecological environment restoration。
Third,Clear the identification and sentencing rules for bet with bet365。Various types of bet with bet365,bet with bet365 have the highest incidence rate,Has greater infringement of legal interests and necessity of prevention,It is necessary to focus on the issue of conviction and sentencing。In the form of sin,This crime should be committed intentionally,Because this is in line with the original intention of prioritizing the protection of ecological legal interests,Conducive to punishing accomplices,Can block the penalty loophole to the maximum extent。On behavioral construction,This crime is a circumstantial crime,And presents a complex structure in which various illegal types coexist,Because "seriously polluting the environment" refers to the serious environmental pollution behavior itself and the serious consequences of environmental pollution behavior,《Supreme People's Court、Article 1 of the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution also reflects the tendency to focus on behavioral incrimination。In terms of causality,This crime should not simply copy the theory of epidemiological causality、Objective theory of responsibility、Attributing blame according to the theory of causality or the theory of dangerous realism,It is necessary to distinguish between non-resultative attribution type and resultant attribution type,The presumption that each individual’s pollution behavior poses an abstract risk of damaging the ecological environment,And the attribution judgment of the mitigation of the consequences of pollution behavior that damages the ecological environment。
Empirical research shows,In recent years, the phenomenon of lighter sentences for bet with bet365 has changed,The application of penalties under the role of restorative justice is gradually becoming more reasonable,But there are still different sentencing standards、Structural imbalance in the application of liberal punishment、Problems such as the failure of the function of fine punishment。To this,It needs to be solved by raising the level of sentencing methodology。On the one hand,Accurate application of sentencing rules。When sentencing for bet with bet365, it must be ensured that the declared sentence is commensurate with the criminal responsibility,Pay attention to the lenient punishment function of ecological restoration,Change the scope of punishment、Keep intensity to a minimum。On the other hand,Appropriately carry out environmental compliance。Taking the cooperation model of unit crime punishment as the main line,Guided by the purpose of preventive protection of ecological legal interests,By examining the relationship between the effectiveness of environmental compliance and sentencing circumstances,Make a decision not to prosecute or impose a lenient punishment in accordance with the law。
Strengthen the connection bet with bet365 executions
The execution mechanism for bet with bet365 mainly involves the use of non-penalty treatment methods,Especially the methods of ecological environment restoration and community correction。
Ecological environment restoration is a non-penalty treatment method in terms of punishment theory,In sentencing theory, it is a discretionary leniency factor,In terms of execution theory, it is an important measure to strengthen the connection between executions。It requires the environmental protection department to play the central role of coordinating the ecological restoration system project,It can also ensure the visibility of ecological restoration,Greatly improves the effectiveness of legal governance of bet with bet365。
Although community correction has the color of community sentence,But the closed nature of penalty execution is weakened。current,Replanting (planting) and regreening has appeared in practice、Reclaimed land、Useful exploration of incorporating water purification and other aspects into community correction programs。This is not only an in-depth implementation of the concept of restorative justice,And it is an extended examination of the possibility of the perpetrator committing another crime,It has achieved integration with the ecological environment restoration system,It is also conducive to saving ecological and bet with bet365 resources。
(This article is a phased result of the National Social Science Fund’s major project “Research on Multiple Governance Mechanisms of bet with bet365 Crime” (19ZDA161)
(The author is a researcher at the Institute of Human Rights bet with bet365, Huazhong University of Science and Technology)
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