华北水利水电大学学报（社会科学版）

环境监管失职罪中河长的义务来源是其职权内容和责任内容,前者包括制定综合治理方案和河流监督权力,后者包括水体保护、污染治理、生态修复的责任。河长在环境监管失职罪中主体条件的判定在除了政府工作人员之外,需要对民间河长、公益河长、村级河长进行分别探讨。河长触犯环境监管失职罪的行为模式有四种,分别是对水体资源、水质条件、流域设施、整体生态的保护失职,而对造成严重损害后果的司法认定则需要结合相应的司法解释来判断,以督促河长更好地履行职责。

The rapid development of river chief system has greatly improved the river environment, but at the same time we should also attach importance to the application of the criminal law when river chiefs breaking dereliction of duty in violation of environmental supervision. The duty of river chiefs come from their authority and responsibility, the former includes the power to make comprehensive treatment plans and supervise rivers, the latter includes water protection, pollution control and ecological restoration. Except government staff, the judgment of the subject condition of the dereliction of duty in environmental supervision should discuss folk river chiefs, commonweal river chiefs and village-level river chiefs separately. There are four modes for river chiefs to breaking dereliction of duty in environmental supervision, which are dereliction of duty in the protection of water resources, water quality conditions, basin facilities and overall ecology, the judicial determination of serious damage results should be judged by combining with the corresponding judicial interpretation, which urges the river chiefs to perform their duties better.