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环境监管失职罪的设立,把环境执法的行政职能纳入到了刑事法制的轨道,对完善我国的环境法治和刑事法治具有重要的意义。然而,由于观念的局限和立法技术等的影响,该罪设立以来并没有没有取得预期的社会效果,在预防犯罪和保护环境方面还存在诸多不力之处。因此,对现行环境监管失职罪进行修正的思考,改进其不完善之处,充分发挥其职能就显得尤为重要。
The establishment of environmental supervision and dereliction of duty, the administrative function of environmental law enforcement into the orbit of the criminal legal system, to improve our environmental law and the rule of criminal law has important significance. However, due to the limitations of the concept and the influence of legislative techniques, the crime has not failed to achieve the expected social effects since its establishment and there are still many disadvantages in preventing crime and protecting the environment. Therefore, it is very important to amend the current environmental regulatory misconduct, improve its imperfections and give full play to its functions.