The normative structure and judicial application of the crime of providing false proof documents by environmental protection intermediaries
To clarify the criminal constitution of the crime of providing false certification documents by environmental protection intermediaries and avoid the improper application of criminal law,it is found through case study and normative analysis that the legislative model that places the crime of providing false certification documents by environmental protection intermediaries in the"crime of disrupting the order of the market economy"blurs the focus of legal interest protection;that the judicial application of the concepts of"environmental monitoring"and"environmental impact assessment"is inaccurate,which expands the scope of criminal subjects;and that the criminalization of a large number of environmental administrative violations is a clear violation of the principle of modesty of criminal law.It is suggested to revise the judicial interpretation to clarify the concepts of"environmental monitoring"and"environmental impact assessment"in the"criminal law",to adjust the legislative model of the crime of providing false proof documents to highlight the criminal law protection of ecological legal interests,and to pre-position the administrative punishment of providing false proof documents to limit the scope of criminal law regulation.
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