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On The Injection Of Strict Liability In Environmental Crime Of China

Posted on:2013-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2246330374975263Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of science and technology, the industrialization of continuousimprovement, resources consumption and environment pollution will continue to increase.Environmental crime could potentially pose an enormous damage on our society.Environmental crime is unique,versatile and hideous. Proof of the subjective actor fault is adifficulty for traditional liability rule. It led to many serious pollution of the environment notto be strong punished. In reaction to the phenomenon, American and British criminal law incriminal legislation and began to appear in the judicial cases a called strict liability system.This new system appear, whether in the country or abroad for countries, all caused a heateddiscussion. However careful consideration of the focus of the debate, but found the scholar ofstrict liability essence and the connotation understanding is differ, the emergence of a strictliability, no-fault liability and absolute responsibility mix business with pleasure. This needsus to explore the history of strict liability origin, its development vein clear, give strictliability a reasonable definition.This paper attempts to introduce the application of strict liability in foreign and trace thehistorical origin of strict liability. Further define the connotation of strict liability in thecriminal law. In view of the two kinds of argument-support and negation said discussed,points out that most of countries now in the applicable criminal environment is actuallyrelatively strict liability that does not violate the criminal law principles. Strict liability in ourcountry was in line with the provisions of the criminal, and does not violate the provisions ofthe criminal procedure law of our country. It is reasonable and necessary to construct strictliability that conforms to our criminal law theory and practice. Finally, it is also proposed inthis article on how to apply strict liability properly in the environmental criminal lawsuit.
Keywords/Search Tags:Environmental Crime, Strict Liability, Value Analysis, System Design
PDF Full Text Request
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