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Study On Criminal Protection Of Groundwater Resources

Posted on:2014-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q YanFull Text:PDF
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To China’s economic and social sustainable development of groundwater resourcesplays a very key role, its importance is self-evident. But with the rapid development ofeconomy, the population increases, water consumption has increased dramatically, thecontradiction between supply and demand tension, and even in some places, someenterprises coyoting, exploitation of groundwater, make our country’s scarce resourcesshortage of groundwater, groundwater pollution and frequent, not only cause seriousecological damage, and even endanger the human’s life and property safety. But, atpresent the relevant legislation is relatively lag of groundwater resources, while in civillaw and administrative law has a regulation, but the effect is not very clear, althoughChina’s criminal law relating to water resources related to crime, but did not specificallyfor criminal legislation for groundwater resources, groundwater resources in thecriminal law protection is still in the blank. Countries such as Britain, Japan andGermany in groundwater resources protection legislation are advanced, such as in thecriminal law to protect groundwater resources to set up independent crime provides areference for groundwater resources protection legislation in our country. Due todestruction of groundwater resources in our country at present is serious, must be timelyto perfect our legislation of criminal law, criminal law protection of groundwaterresources.This paper points four parts to write. The first part mainly introduced the generalsituation of groundwater in our country, from defining the concept and classification ofgroundwater resources, destruction of groundwater resources in China is analyzed onthe present situation, mainly including pollution and over-exploitation of groundwaterresource, the destruction of groundwater is not only make the ecological environment isunder threat, and the serious influence human survival; The second part mainlyintroduces the groundwater resources in our country criminal activity legislation presentsituation and existing defects. Only in the current criminal law on crime of greatenvironmental pollution and is involved in the crime of illegal mining of groundwaterresources, crime, and there is no specific set of groundwater resources of crime. Thenfrom the legislation idea backwardness, lack of legislative content, the results make astandard question, and setting unreasonable issues such as analysis of groundwaterresources of criminal punishment legislation defects. Therefore, we should perfect ourcriminal legislation of groundwater resources in time; The third part introduces some foreign advanced criminal legislation of groundwater resources protection and thereference to our country. Mainly introduced Japan, Germany, Britain and the UnitedStates advanced to the four countries of groundwater resources of criminal legislation,both practical and effective for their own protection of groundwater resources, also themodel for groundwater resource protection in China, such as: to set up independentcrime, crime with standards for dangerous crimes of groundwater resources and payattention to the diversity of punishment, etc.; The fourth part puts forward Suggestionsof perfecting our country’s criminal law protection of groundwater resources, includinglegislative concept updating, adding the crime of illegal mining of groundwater "risk, inorder to make standard to set up the crime of groundwater resources, redesign, andstrengthen the effective connection between the legal punishment, at the same time, alsoshould strengthen the law enforcement and judicial level, effective protection ofgroundwater resources.
Keywords/Search Tags:Groundwater Resources, Crime of Illegal Mining of Groundwater, Dangerous Crimes, Qualifications Punishment
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