污染环境犯罪的特征及侦查治理对策研究——以G省D市为研究样本

Research on the Characteristics of Environmental Pollution Crimes and Investigation and Governance Strategies:A Case Study of D City in G Province

国家高度重视生态文明建设,但从环境治理现状看,环境污染问题仍十分严峻。当前污染环境犯罪发案特征是整体发案比率低,但呈递增趋势;证据特征是不易保存性、高度专业性、隐蔽性、复杂性;诉讼特征是已到案的嫌疑人最终受到刑事判罚的比例较低。由于侦查主体、侦查对象、侦查机制三个方面因素导致污染环境犯罪侦查面临很多困难。为提升污染环境犯罪的侦查治理效能,应通过建立环保警察队伍、加强专业知识培训、配备专业侦查监测设备和依托智慧新警务提升取证效率四方面来加强“队伍+专业+大数据”的警务运行模式建设;应通过建立“立体化防控体系”、优化联合执法机制、完善鉴定机制和加强检察监督四方面来完善污染环境犯罪侦查治理机制。

China attaches great importance to the construction of an ecological civilization,but the current state of environmental governance shows that the problem of environmental pollution is still very serious.Currently,the occurrence of environmental pollution crimes is characterized by a low overall occurrence rate,but with an increasing trend;evidence is characterized by the difficulty of preservation,high degree of specialization,concealment and complexity;and litigation is characterized by the low proportion of suspects who have been brought to justice and ultimately sentenced to criminal penalties.Due to the three factors of investigation subject,investigation object and investigation mechanism,the investigation of environmental pollution crime faces many difficulties.In order to enhance the effectiveness of the investigation and management of environmental crimes,the police operation mode of“team+professionalism+big data”should be strengthened through the establishment of an environmental police team,strengthening the training of professional knowledge,equipping professional investigation and monitoring equipment,and relying on the wisdom of the new police to enhance the efficiency of evidence collection;and the“three-dimensional prevention and control system”should be established through the establishment of the“three-dimensional prevention and control system”.The“three-dimensional prevention and control system”should be established;the joint law enforcement mechanism should be optimized;the appraisal mechanism should be improved;and prosecutorial supervision should be strengthened in order to improve the mechanism for investigating and managing environmental pollution crimes.