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On Environment Crime Legislation

Posted on:2010-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:D M ZhangFull Text:PDF
GTID:2166360275986432Subject:Environment and Resources Protection Law
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The environmental problems had already seriously affected our political,economical and cultural life.And the increase of environmental crime began to challenge the current law system.Countries around the world are now zealously seeking a way out which could coordinate the social development and environmental protection.Then legislations used to regularize the environment crime emerged.Actually,the real criminal regulation for environment crime dates back to 1950s.At that time countries which did well in environmental protection had already made similar laws.Take Japan as an example,The Law of Public Nuisance Crime released in 1970 was the first law specializing in environment crime. Afterwards,most countries in the world,such as Germany,made some regulations in their criminal legislations,relevant to environment crime. Thus it can be seen that using legislations to control the weakening social order and to protect environment is the commonly accepted way by most countries.As for environment crime legislations in our country,we can find some trace in "The New Penal Code" released in 1997.In that code,we had specific regulation on environment crime,and it showed our resolution to punish environment crime.But there were still some shortcomings in it,such as legislative mode of environment crime,the protective scope of environment crime legislation,the object of environment crime and the statement of environment crime.This essay introduced the conception of environment crime and the legislative mode of environment crime,compared the development,current situation and the features of environment crime legislation in our country with those in Japan,Germany,America and Britain.Based on this,this essay pointed the deficiency of environment crime legislation in our country,and puts forward some personal opinions on our country's environment crime legislation.The structure of this essay is as follows:The first part of this essay listed the current environmental problems in the world and then introduced the conceptibn of environment crime and its major elements,and summarized four features of environment crime.In the second part,this essay introduced the development of environment crime.Firstly,it introduced the legislative trend of the international environment crime and summarized the three stages of the development of environment crime legislation.And then introduced the process of environment crime legislation of relevant countries,which consists of two parts:the first one is continental legislative system represented by Japan,Germany and Austria while the second one is British and American legislative system represented by America,Britain and Australia.The third part of this essay introduced the legislative mode of environment crime.In this part,it firstly introduced the four legislative modes currently existing and also pointed out the advantages and disadvantages of the four modes.And secondly it introduced the content and features of environmental legislation of foreign developed countries,whose environmental legislations were early and fully developed.The fourth part of this essay expatiated on the content of our country's environment crime legislation.It mainly introduced the development of our environment crime legislation and its mode,its principles,its current situation and features.In the fifth part,it mainly talked about the defects of the current environment crime legislation in our country involving legislative mode of environment crime,the protective scope of environment crime legislation,the object of environment crime and the statement of environment crime,ect.In view of these problems,it put forward some suggestions to improve the environment crime legislation in our country.
Keywords/Search Tags:environmental problems, environment crime, legislative mode, legislative principles, legislative defects, countermeasures
PDF Full Text Request
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