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On The Application Of Strict Liability In Criminal Law Of Environment

Posted on:2013-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q H SiFull Text:PDF
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With the rapid development of China’s economy and society, environmental problems become the focus of attention increasingly. How to promote the coordination of the environmental, economic and social development, how to ruling the country by law and building harmonious socialist society, is one of the hot topics of the discussions of Chinese legal scholars. Environment is different from other social problems, it has the particularity, once causing environmental pollution or destruction, the consequences are unpredictable, and the cost of governance environmental is incalculable. Environment problem of China most regulated by civil law and administrative law in past, but the effect of regulation does not clear, advocating strictly responsibility principles applied in criminal law is based on particularity of environment problem and protection of criminal law, but because of particularity of environment problem, it is difficult to identified environment crime of the criminal law and the contact of the behavior and results,and it also results a number of major environmental crime avoiding regulation of criminal law.Many countries of the world adopt the strict liability system in responding to environmental issues and made a lot of results Scholars propose adopt the principle of strict liability to alleviate worsening environmental problems of China, but some scholars believe that strict liability in European and American countries is the European and American-style legal system, it cannot be applied by China. Faced with the worsening environment, we should not rely on civil law and administrative law to solute environmental issues, it also not wise to change the essence of the principles of criminal law in order to against environmental crime, and what’s more we should not exclude other outstanding legal system because of differences between the legal systems, we only be explored China’s strict liability according to China’s national conditions and the rule of law. This article analyses the criminal law provisions of environmental crime in China and the debate of Chinese scholars on apply of the strict liability, using the method of value analysis and empirical study on China’s strict liability. Through analysis of the theory and the necessity of strict liability, while analysis and reference to the strict liability of the extraterritorial application, from the start with the General principles of criminal law and the system, put forward my own proposal on the application of the principle of strict liability in China. Study on the application of strict liability of criminal law not only enrich and develop the theory of criminal law of our country, but also has great practical significance to perfect the Socialist legal system and build a harmonious socialist society. Author studies on the application of strict liability, in order to easing environmental problems, coordinating the environment, economic and social development through the formulation and perfection of criminal law.
Keywords/Search Tags:Environmental Crime, Strict Liability, Relatively strict liability
PDF Full Text Request
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