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On Ecological Criminal Responsibility

Posted on:2006-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:H JiaoFull Text:PDF
GTID:2166360155468330Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the ecological problem looming clearly and the deterioration which stresses the ecological environment quality of the ecological problem, ecological environment protection receive the general attention of the countries all over the world day by day. We need set up intact and scientific legal mechanism in ecological environment protection requirement. The severe ecology criminal law is the most important one ring among them naturally. Criminal law, initially, establish and investigate the criminal responsibility. So, the ecological criminal responsibility is a key content of the criminal law of the ecology, which makes important function on ecological protection. In view of this, since middle period of the 20th century, a lot of countries have successively made and issued the special regulation about the ecological criminal responsibility or during the process of making and revising the punishment code of criminal law, have increased and strengthened the relevant contents of the ecological criminal responsibility But in the asserting concretely of ecological criminal responsibility, there are a lot of dispute and difference issues, thus it's unfavorable to realize the ultimate purpose of the ecological criminal responsibility. So, there is the imperative meaning studying to study the ecological criminal responsibility. The main content includes five parts: In part one, it's introduction. Sum up the current situation of the ecological environment question and the problem of the ecological criminal responsibility nowadays, and state the purpose and meaning of studying the c ecological criminal responsibility, which include theory meaning and practice meaning. In part two, it's the summary of the ecological criminal responsibility. Define the basic meaning of the ecological criminal responsibility, and analyze the essential feature of the ecological criminal responsibility on the basis of understanding the meaning concretely, and compare ecological criminal responsibility with traditional criminal legal liability, environmental criminal liability, ecological civil liability and ecological administrative liability, thus further definitude the line range which defines the criminal legal liability of the ecology. Part there is the composition important document of the ecological criminal responsibility. Explain the composition important document of the ecological criminal responsibility through analyzing the composition important document of the ecological crime mainly, and put forward my own opinion on some comparatively complicated and essential problems in ecology criminal legal liability composition. In object, comment on various kinds of views about the ecological object of crime, point out that proceeds from what the ecological criminal law protects ecological interests and value, the object of the ecological crime should be the ecological safe. In the objective respect, according to the difference of means of behavior of endangering ecological environments, I divide it into pollute of ecological environment crime, destruction of ecological environment crime and resist administrative supervision of management of ecological environment protection crime, and describe the concrete behavior, danger result, causality of each kind of criminal offence. In subject, the subject of theecological crime includes the natural person and not natural persons, ecological subject of crime status in natural person be need not discussed, I mainly discuss which not natural person can become subject of the ecological crime. Through analyzing, it is point out that legal person and not legal person organization can become subject of the ecological crime, but the country excludes from subject of the ecological crime. In the subjective respect, analyze the subjective fault state of the criminal, and explain the feasibility and necessity of enforcing rigorous responsibility suitably in ecological crime. Part four expound the realization principle of the ecological criminal responsibility and the characteristic of the realization form, according to the particularity of the ecological criminal responsibility, analyze the concrete trend that traditional criminal way of realization of criminal responsibility is applicable to the ecological criminal responsibility. In pat five, according to the current situation of the ecology criminal responsibility in china, this text analyze the problems of the ecology criminal responsibility that existing in Chinese present criminal law, and put forwarded some suggestions to settle these questions based on the study of ecology criminal responsibility in this text.
Keywords/Search Tags:ecological criminal responsibility, ecological crime, legislative perfection
PDF Full Text Request
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