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Environmental Criminal Procedure Of The Legislative Ideas In China

Posted on:2013-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:W L WangFull Text:PDF
GTID:2236330371469605Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Increasingly serious environmental problems makes the criminal law means new ways forcountries to control a variety of environmental crimes. The principle and system of thetraditional criminal proceedings in the context of environmental crime is different from ordinarycriminal can not be good to play its due role. Given this situation, the world began to seek toupdate the contents of the traditional criminal proceedings, in order to better the needs ofprosecution in cases of environmental crime, the environment of the Criminal Procedure cameinto being, it is not just the environment of substantive criminal law norms program specificationitself is also of great value.This main from construction in China of environment crime case action program start,combination abroad information and related of domestic judicial practice, system of discussionhas in China environment crime criminal needs specifically of program, in China establishedenvironment criminal program of basic thought and in China environment criminal program ofspecific perfect path, to on has China features of environment crime case criminal program ofconstruction up to must of reference and reference role.The first part of the main concepts and features to make the environment of the CriminalProcedure defined. Characteristics of environmental crime, analysis of the traditional criminalproceedings in response to the environmental crime is not adaptive, and then put forward theconcept of environmental criminal proceedings and to clarify its characteristics, pointing out thatthe environment of the Criminal reason why the fundamental distinction between ordinarycriminal proceedings is the environment crime is different from ordinary criminal.The second part of our environmental criminal proceedings require specialized procedures.Starting from the status quo of the ordinary criminal proceedings, a reflection of the legislativestatus quo of China’s Environmental Criminal Procedure. Expounded the necessity andfeasibility of the establishment of the specialized environment of the Criminal Procedure inChina.The third part is so special about the establishment of an environment of criminal proceedings in its special guidelines and principles, first described the basic idea of theenvironment of the Criminal Procedure and pointed out the limitations of the ofanthropocentrism values in the environment of the Criminal Procedure , should the concept ofsteering ecocentrism values based on the idea, and then discusses the criminal proceedingsshould follow the principle of the establishment of a specialized environment.The fourth part of our basic measures for the establishment of the specialized environmentof the Criminal Procedure. First, China’s environment, criminal justice practice in the speciallitigation system were introduced and appropriate analysis. Secondly, it discusses the specificcontent of the operation of environmental criminal proceedings, from filing procedures,investigation procedures, prosecution procedures, trial procedures, in-depth analysis to explainand demonstrate.
Keywords/Search Tags:Environmental crime, Environment criminal prosecution procedure, Criminal procedure
PDF Full Text Request
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