Font Size: a A A

Illegal Exploitation Of Groundwater Incriminate Explore

Posted on:2012-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:C S LiangFull Text:PDF
GTID:2216330371454210Subject:Law
Abstract/Summary:PDF Full Text Request
In nowadays, the dangers of the illegal acts of exploitation of groundwater has been widely received attention, but for the illegal exploitation of groundwater and how serious the behavior should be punished, there is a certain theoretical circles in the controversy, the practice of judicial practice is not uniform. In fact, according to the principle of legality, in the existing legal framework is difficult to illegal exploitation of groundwater act a crime. However, in view of the serious harm of such acts, often made of the existing laws not effective sanctions and the situation should improve our criminal law, such acts will be recognized as a crime, the means of the criminal law to impose sanctions.In addition to this introduction, the total is divided into four parts.The first part, the case describes the assessment. The first part of a common reality through the illegal exploitation of groundwater behavior to introduce sanctions for such acts to the problem of controversy. The illegal exploitation of underground water for the behavior, the view that directly punished by theft, the view that should be punished in accordance with the crime of illegal mining, also with a view at this stage should not be recognized as a crime, but it should be convicted of. In this paper, several viewpoints on some of the assessment, and made this point of view.The second part, the legal analysis. Criminal law is characterized by the conditions of incrimination an important prerequisite. In this section, first the characteristics of the criminal law, namely the independence of the Criminal Code. Adjustment of the object from the point of view of criminal law, criminal law, adjustment of individual citizens and representatives of the interests of society as a whole the relationship between the legal order; adjustment means from the criminal point of view, its performance is quite harsh and forced sex; adjustment from the criminal point of view, both have criminal norms, criminal law, regulate the content or its implementation are determined immutable.The third part, the conditions of incrimination analysis. Conditions of incrimination is framed in terms of crime, the establishment of the direct scope of the standard, the conditions of incrimination must be found to maintain adequate care, otherwise it will lead to the occurrence of violations of human rights. With consideration to the characteristics of criminal law, this paper argues, would be an act a crime, meet the following three conditions: First, the behavior has serious social harm; second, enough to effectively adjust the existing laws; Third, the behavior with normal onset. This combined with the conviction of the illegal exploitation of groundwater conditions on the conduct of analysis. Not difficult to find a, illegal exploitation of groundwater great harm behavior; two, the behavior often occurs in economic development has become the current focus of the problem must be dealt with one; Also available on water resources adjust the law that is far from effective. Thus, this article concludes that the provisions about illegal exploitation of groundwater is reasonable for the crime.The fourth part of the legislative acts of the illegal exploitation of groundwater analysis. In this section, the author's point of view the main standing legislative suggestions for legislation against the illegal exploitation of groundwater conditions were analyzed. In this regard, this paper from the criminal object, objective aspect of crime, criminal subject, subjective aspect of crime and punishment to five aspects of the conduct of the illegal exploitation of water legislation discussed. Finally, think we should learn from the existing mineral resource requirements in respect of criminal legislation, criminal law in a timely manner in the creation of "the crime of unlawful exploitation of groundwater" and "destructive exploitation of groundwater crimes."...
Keywords/Search Tags:exploitation of groundwater, criminal independence, resource crimes
PDF Full Text Request
Related items