污染环境罪的实证分析

An Empirical Analysis of the Crime of Environmental Pollution

本文从实证分析的视角,着重分析了污染环境罪查处过程中存在主观故意、取证规范、行刑衔接、行为要素、公益诉讼等方面的争议问题,提出应保持高压严打的刑事政策态势、定期召开联席会议统一疑难问题的司法适用、加大源头治理、加强行政执法与刑事司法衔接。

From the perspective of empirical analysis,this paper mainly analyses the controversial issues such as the subjective intent,norms of evidence collection,connection of execution,elements of conduct,public interest litigation in the process of investigating and treating the crime of environmental pollution.It is suggested that the criminal policy situation of high-pressure and severe punishment should be maintained,the joint meetings should be held regularly to unify the judicial application of difficult problems,the source treatment should be strengthened,and the connection between administrative law enforcement and criminal justice should be reinforced.