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On The Environmental Pollution Crime

Posted on:2014-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2256330425957273Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The pollution problem has become the major environmental problems facing ourgovernment has been actively use civil, administrative and even criminal legal means ofenvironmental pollution, it is still difficult to effectively suppress the occurrence of actsof pollution of the environment. The crime of pollution of the environment of thecriminal law on the offense of environmental crime in the first study of its positivesignificance of the use of criminal law to combat environmental crime has indeed affectthe whole body.The paper is divided into five parts: First, a basic overview of the environmentalpollution of sin, the first to study the characteristics of the concept of sin as well asChinese and foreign environmental legislation profile depth, and on this basis thelegitimacy according to lawmakers set of environmental crime. Second, the criminalpolicy is the soul of a country’s criminal legislation and judicial part of the criminalpolicy in our environment, so I first reviewed the Evolution of China’s criminal policyof the criminal policy, followed by a comprehensive analysis of China’s current criminalpolicy in pollution manifestation of environmental crimes. In this paper, environmentalpollution offense in identified part of the problem, from the criminal policy at the macrolevel analysis of the causal relationship between subjective aspects as well as theproblem of identification of the unit commits the micro-level environmental pollutionsin. In the crime of polluting the environment with this part of the boundaries of otheroffenses, the main analysis of the crime and the crime of endangering public safety inthe placing of dangerous material, the difference of the Crime of Major Accident anddangerous goods. Fifth, environmental crime and environmental violations, focuses onenvironmental pollution offenses as typical administrative committed, the criminal andadministrative responsibility of the how to distinguish between how convergenceproblem.
Keywords/Search Tags:Environmental pollution crime, Criminal Policy, Causality, Negligent committed, Unit committed
PDF Full Text Request
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