Current Situation and Countermeasures of Criminal Governance of the Grassroots Coal Environmental Problems——Taking Shanxi Province as an Example
There are deficiencies in the current situation of criminal governance of coal environmental problems at the grassroots level in China,which needs to be adjusted urgently.Taking Shanxi Province as an example:from the perspective of criminalization,the problem of quantity of crime in practice is not properly handled,and the crime of environmental supervision dereliction of duty,which is on the edge of the criminal chain,faces the risk of being ignored;from the perspective of sentencing,there exists uneven horizontal pen-alty ratio of social harmful crimes to equivalent reprehensible crimes,and the preventive and the restorative measures along the vertical chain are also not perfect.In addition,the strength of targeted criminal governance in the province shows regional disparities,and there may be resistance to the connection of administrative and criminal penalties.In view of this,the judicial authorities should first ensure that the quantity of crime theory is applied rationally to avoid the omission in the orientation of responsibility and the selection of char-ges.Secondly,the punishment for pollution crimes and crimes related with supervision should be strengthened,and restorative judicial measures should be introduced to make up for the ecological legal interests.Finally,it is necessary to actively seek the joint governance of multiple stakeholders and unblock connection route between administrative and criminal penalties,thereby promoting region-wide gov-ernance of grassroots coal-related environmental problems.
coal resourcesenvironmental crimecrime of environmental supervision dereliction of dutyconnection of administra-tive and criminal penaltiesrestorative justice
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