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Criminal Charges Of Environmental Pollution On The Improvement System In China

Posted on:2012-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2216330368979273Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
This paper introduces the environment pollution in the system of criminal charges, summarizedthe basic status of its perfect necessity, and through the analysis of overseas legislative cases, this paperputs forward some feasible reasonable solution to be perfected charges system.With the growing global environmental pollution, 20th century become human socialdevelopment process pollution is the most serious in a century, take all kinds of legal protectionmeasures to stop the environment is worsening of all countries in such a society lawmakers backgroundnecessary for ever made. At the same time, because of legal system of the original environmentceaselessly by environmental pollution problems challenge, environmental pollution, the increasinglyserious crime pattern of worldwide sovereign state is turning to use of environmental pollutionenvironment criminal activity legislation adjustment shall be crime issue. In our country, becausecharges by criminal sanctions without setting the pollution of the environment criminal cases, showsthat our current increasing by the formation of the environmental pollution criminal law system hasenough to adapt to the environment pollution and the particularity of the crime of crime status changesrequired. We should recognize that environmental criminal law system perfecting the first need to besolved for the pollution of the environment is perfect our criminal charges system.This paper first introduced the environmental pollution in China the basic situation of criminalcharges system, overview of the our country environment pollution charges system history and crime,and briefly summarized the current criminal environmental pollution in China. The main characteristicsof charges system The our country environment pollution crime charges the necessity of setting forperfect considerations, mainly from environmental pollution reality requirements, strengthenenvironmental pollution prevention and control the conceptual requirements, criminal legislation defectperfect sex requirement, the principle of legality requirements and judicial practice in five aspects ofoperational requirements are analyzed. Foreign legislation the environmental pollution in our countrycan set is criminal charges used for reference, this article mainly introduced the Germany, Japan, Britainand the United States, and some main countries of criminal to environment pollution crime specificprovisions, and according to its legislative characteristic of own understanding, the countries aboutenvironmental pollution criminal charges system of our country enlightenment experience have beensummarized. Finally, on our country environment pollution criminal charges system, aiming at perfectrecommendations in China at present already stated environmental pollution in criminal charges systemdefects, the author puts forward the establishment alone more than the sin of environmental pollution,and legislative proposals to the composition of its legislative principles and some puts forward hisimmature thinking and Suggestions.
Keywords/Search Tags:Environmental pollution, crime, charges system, perfect
PDF Full Text Request
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