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The Reason And The Countermeasure Of Environmental Crime In China

Posted on:2005-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2156360125953562Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The environmental crime which is harmful to life, health, property for person as well as ecological environment is increasingly serious. So it is meaningful to study the reason of environmental crime and the countermeasure of prevention and cure of this kind of behavior further, which can efficiently restrain the occur of environmental crime behavior in our country in practice and besides the study of the environmental crime play the part of positive role on theoretical research of our country . This paper has carried out anatomy emphatically from some following aspects for the reason of our country with environmental crime and the countermeasure of prevention and cure:Part I , introducing the concept of environmental crime. The author point out that environmental crime is the behaviors that violate the stipulation of the national rule of law of environmental protection, Cause or may cause person, property or environmental infringement. The behavior is seriously and should get the sanction of criminal law. In the author' opinions, there are four general features of this crime: consequence is very serious, the time of influence grows. The infringement that causes is indirect.Part II, analyzing five characteristics at present, according to realities of the environmental crime behavior in China: environmental crime is to be with purpose of economic benefit, The unit environmental criminal is increasing, Natural person who commit a crime is professional, environmental criminal dark several phenomenon is serious, type of pollutes with damage environmental crime occur at the same time.Part III, explaining the positive meaning to study the reason of the environmental crime and analyzing particularly from economy, morals and legal aspects. The author point out: first, the traditional pattern of economic growth ignore the ecological value of environmental resource and some local governments pursuing for economic benefit caused environmental crime behavior occur. Second, lacking of environmental morals can cause environmental crime behavior. Third, weak hitting environmental crime of legal system also is the one of environmental crime reasonsPart IV, putting forward the countermeasure of the prevention and cure ofenvironmental crime on the foundation of the reason above. First, Build good social external condition of sustainable development pattern. Second, build environmental morals system again. Third, construct the criminal law of perfect environment and increase environment commit crime hit intensity.Certainly, as a kind of society phenomenon, the reason that causes it to produce is various and the countermeasure of prevention and cure environmental crime is also varied. This paper leaves only some aspects. The author hope to benefit environmental crime research of our country.
Keywords/Search Tags:Environmental Crime, Reason, Countermeasure
PDF Full Text Request
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