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Research On The System Of Criminal Law On Water Ecological Environmental Crime

Posted on:2017-04-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:1226330482965801Subject:Social Governance and Rule of Law System Engineering
Abstract/Summary:PDF Full Text Request
Environmental criminal law has a unique role in ecological economy, the environmental criminal law cannot play legal function effectively, ecological economic development will eventually is restrained, the current environmental criminal law cannot guarantee the operation of the ecological economy effectively, this paper discusses how to use environmental criminal law to correct ecological environment destruction problems in economic development, the environmental criminal legislation and judicial must coincide ecological environment "of time, space and carrying" three-dimensional scale, based on the coincidence to foster good ecological civilization. In this way environmental criminal law can play a role in the social and economic development to protect the ecological environment.Management of water ecological environment crime can not do without criminal rule of law, criminal punishment of water ecological environment crime is the last of the rule of law means, criminal law legislation of water ecological environment crime is the basis of the criminal law, and connection between criminal judicial practice and criminal legislation of the water ecological environment problem, criminal judicial practice in the water ecological environment must be resolved, based on the present situation of water ecological environment governance in China, based on the experience of the foreign water ecological environmental criminal law, it is necessary and feasible of systematic and in-depth study on the water ecological environment crime of criminal law legislation and criminal justice practice.The current rule of law is about system, otherwise it will cause confusion, no form of the rule of law system is the root cause of the current rule of chaos. Compared to "the rule of law", "rule of law system" content is more clear, divided into the legal norm system, implementation of the system the supervision system and security system and party rules and regulations system; Increase the implementation and supervision, the legal norm system is the foundation, the implementation of the system is importance, supervision and security system is the key. So to stand in the Angle and height of the rule of law system, not only to discuss the science legislation, also to discuss implementation and guarantee system. Criminal law not only needs to solve the problem of crime, more importantly must be to solve the problem systematically, only in this way we can form internal coordinated law to handle the potential contradiction properly, can overturn the rule of law itself. In the governance of water ecological environment crime, scientific legislation is crucial, in the governance of water ecological environment crime, to ensure the lifeline of the judicial justice of the rule of law, first of all have to reform the difficult problem of the judicial process initiate, promote judicial system reform. Push the water ecological environment public welfare criminal procedural judicial implementation socialization is the key. of course, Strong the rule of law guarantee system of water ecological environment criminal law is also important. The professional requirements of environmental working group, prompted us to establish and perfect the system of the professional guarantee institution. The first chapter, introduction. The second chapter, the concept of water ecological environment crime is the precondition of environment science of criminal law legislation, is also the precondition of the water ecological environment criminal law system. The third chapter, legislation science of water ecological environmental criminal law system. The chapter iv, justice consummation of water ecological environmental criminal law system. The fifth chapter, supervision and safeguards of water ecological environment criminal law system. The sixth chapter, practice view of water ecological environment criminal law system.In this paper, There are positive significance points in terms of theory and law practice:First, from the water ecological environment of the time, space and carrying three measurement and dimension to implement the legal system, is a whole new dimension.Second, from the perspective of the rule of law system, propose the system of water ecological environment criminal legal system, build up the operable system.Third, to promote the revolution of other departments law. The development of environmental criminal law should draw lessons from the practice of other law, the development of environmental criminal law will promote the development of other law. Theoretically, provides a new concept of legal interests, put "water ecological environment of the time, space and carrying three scale law" into the category of legal adjustment, from the perspective of procedural law," the three dimensions of law benefit ", enrich the theory of procedural law and practice.the" three dimensions of legal interests "of the specific legal practice is not just a simple action problems, involved in many of the substantive law. This not only enriched the content of environmental criminal law itself, also widened the field of vision of research about the other department law, respective of ideas and institutional framework from new viewpoint.
Keywords/Search Tags:Water ecological environmental crime, Rule of law system, values, Water ecological environmental law benefit, Judicial consummate
PDF Full Text Request
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