The Normative Application of the Crime of Environmental Supervisory Dereliction from the Perspective of Legal Dogmatics
The crime of environmental supervisory dereliction is closely related to environmental crimes and is a type of dereliction of duty offense.The protected legal interests of this crime are not only the"human rights to life and health and property"but should also include environmental legal interests.There is a certain ambiguity in the normative expression of the constitutive elements of this crime,which is not conducive to its reasonable application in practice.In order to solve the complexity issues related to the determination of causation in this crime,it should be based on the theory of supervisory negli-gence.However,supervisory negligence refers to the negligence of a direct actor who violates the duty of care to prevent another person from committing negligence.Therefore,introducing this theory into the crime is actually a misunderstanding and misinterpretation of the theory.To solve the existing problems,the constitutive elements of this crime should be interpreted from the standpoint of substantive interpreta-tion theory,and in the judgment of causation,it should be based on the theory of objective attribution,with the help of specific legal norms and technical means,to reasonably determine the causation.The sub-jective aspect of this crime is manifested as negligence,thus if personnel entrusted with environmental pro-tection supervisory duties have indirect intent regarding the environmental damage,they should not be charged under this crime.The supervised person(third party)may have either a negligent or intentional mindset regarding the occurrence of environmental damage;in practice,the mindset of the supervised per-son(third party)is more likely to be intentional.In the application of this crime,it is also necessary to pay attention to the issue of concurrence with other offenses.In the absence of special provisions in crimi-nal law,concurrent sentences should be applied.
crime of environmental supervisory derelictionsubstantive interpretation theorycausationob-jective attribution
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