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On The Investigation Of Environmental Crimes Cases

Posted on:2008-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:H B KeFull Text:PDF
GTID:2206360215973144Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As with all hyper-growth economies in the world, our country has suffered rapid environmental degradation in the course of undergoing a spectacular economic boom since the turn of the 1970s. The pro-growth strategies adopted by the government have indiscriminately subordinated environmental protection to economic development. In recent years, in confronting the serious threat of environment pollution and continuing environmental deterioration, our government is increasingly stressing the urgent need to accord greater consideration to pollution control and environment protection in the pursuit of economic prosperity. As a result, our govemment put forward the strategy of "sustainable development" to take the place of the former approach of "pollution first, remedy second". This has led to the adoption of criminal sanctions, commonly regarded as the most aggressive and threatening instrument, to deter illegal acts of pollution and nature resources destroy. As criminal control of pollution and nature resources destroy emerging as the main approach to environmental governance, the investigation department of the government has great jobs to do.Based on this kind of background and the researches on the environmental crime done by academicians from inside and outside our country, this thesis endeavors to explore the investigation of environmental crime and bring forward several measures to fight and guard against environmental crimes. The exploration of this thesis will be unwrapped in four parts as follows:Firstly, introduction of environmental crime: to exposure the facts and developing tendency of environmental crime, then to conduct an in-depth study of environmental crime, such as the concept of environmental crime, characteristics of environmental crime, constitution elements of environmental crime and classifications of environmental crime. Academicians from inside and outside our country define environmental crime in different ways and classify environmental crime by different standards. This part will give environmental crime a new concept, and the environmental crime will be classified into three kinds. They are environmental crime of pollution, environmental crime of natural resources destroying and environmental crime of misconduct.Secondly, general research on environmental criminal investigation: to take an exploration on such four matters as investigation dominations of environmental crime, characteristics of environmental criminal investigation, procedures of environmental criminal investigation, and the main investigation measures of environmental criminal investigation.Thirdly, specific research on environmental criminal investigation: to conduct an in-depth study on investigation of three kinds of environmental crime. There are three kinds environmental crime. They are environmental crime of pollution, environmental crime of natural resources destroying and environmental crime of misconduct. Each kind of environmental crime includes several accusations and has their own characteristics. This part focus on some accusations which can respectively expose the characteristics of these three kinds of environmental crime and then puts forward specific investigation measures to fight with them.Lastly, take an exploration on the causes of environmental crime, and then put forward several countermeasures to guard against it. Environmental crime is caused by several main reasons such as economic reason, technical reason, idea reason and prevention and cure reason. To fight and guard against environmental crime, there are several powerful countermeasures to take such as increase the strength of environmental protection, enhance the consciousness of environmental protection, perfect the environmental criminal legislation, reinforce the environmental criminal justice and so on.
Keywords/Search Tags:Investigation
PDF Full Text Request
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