Environment Supervising and Managing Dereliction of Duty Crime:Behavioral Pattern, Ascription of Responsibility and Exclusion of Responsibility

In order to avoid the unreasonable phenomenon of "hands and feet are guilty" and "the brain is innocent" in the field of the environmental crime.We must take seriously the relevant theory of responsibility attribution of Environment Supervising and Managing Dereliction of Duty Crime. The environment supervising and managing dereliction of duty crime belongs to the concurrence of negligence by nature, and the core elements of imputation are behavior pattern, the source of guarantor's obligation and the possibility of prediction. Behavioral pattern includes act, omission, and the combination of both. The guarantor's status should be confirmed not only according to the legal norms, but also according to the legal interest infringement in "Reason governs said". The possibility of prediction is the combination of the new negligence theory and the fear sense theory. Trust principle can be applied to environment supervising and managing dereliction of duty crime under certain circumstances; under circumstances where intervening factors, the lack of the possibility of outcome avoidance and inconformity to the structure of environment supervising and managing dereliction of duty crime exist, environmental supervisors should be exempted from liability.