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On Perfecting The Environmental Criminal Legislation Of Our Country

Posted on:2015-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiaoFull Text:PDF
GTID:2266330428965442Subject:Law
Abstract/Summary:PDF Full Text Request
Social development and human progress not only needs the sustained economic growth, more need to constantly improve the quality of the environment. It is the bounden duty of the government, and it is also a realistic problem lawmakers to consider. In recent years, frequent extreme climate conditions of haze weather and more will keep the public focus on environmental issues, the harm of environmental problems cannot be ignored. Criminal law as a final barrier Protect environment, it is obviously prevention and deterrence function of punishment for the act of serious damage to the environment. However, the existing criminal law to the relevant provisions of environmental crime is not comprehensive enough, which hindered the criminal law function to some extent. So it is necessary for the improvement of the legislation. Environmental crime legislation is helpful to strengthen the protection of the environment, to punish the behavior of damaging the environment, guide the people to set up a good awareness of environmental protection has important practical significance for building a harmonious society.Environmental crime refers to a natural person or union, in violation of environmental laws, intentionally or negligently violated citizen, legal person or national environmental right, cause or may cause the results of environmental damage, the crime shall bear criminal responsibility according to law. From1997to2011"criminal law" amendment to the criminal law, criminal legislation of environmental protection in China continues to develop. From the beginning of the "Regulations of environmental crime" in individual terms to later "environmental crime is a separate section", from the change of environmental crime increases to the constitutive elements of environmental crime, reflects the attention of legislators and legislative technology. But compared with the environmental criminal legislation level of the whole world, there are still some shortcomings, mainly displays in:the legislative idea of environmental crime legislation is not scientific, backward, charge regulation is too narrow, the lack of provisions of dangerous crime, has not yet been introduced the principle of strict liability. These need to be further perfect legislation. Civil law of Japan, German and Anglo American law system American, Britain has a wealth of experience and a high level of legislation in the legislation of environmental criminal law. The legislative idea they respected the ecology principle, the legislation of the environmental criminal law provisions in a dangerous crime and introduction of the principle of strict liability of environmental crime punishment, property punishment and light punishment weight. Through a detailed study on the national environmental crime legislation, we can get some beneficial to environmental legislation experience, provide a reasonable reference for a certain of our environmental criminal legislation.Through the above discussion and combined with the actual situation of our country, China’s current environmental crime legislation should begin from the following six aspects:the legislative idea to establish ethical value of modern human centered view, the inherent rights and human nature associated with the overall interests of man and nature, seek collaborative development; legislation the status of environmental crime in current criminal law, independent from the sixth chapter sixth section, the establishment of a separate "environmental crime" one chapter; the protection scope to expand the scope of protection of environmental crime legislation, adding noise pollution crime, crime of destroying grassland soils, crime of destruction of wetlands; provisions on Environmental crime increased risk crime, the protection of the ecological environment more effectively to curb the environmental crime behavior; principle of imputation principle on the introduction of strict liability, in order to reduce costs and strengthen the environmental destroyer punishment dynamics; increase the penalties for non penalty punishment mechanism, increase the use of fine penalty, to make up for the shortage of freedom penalty.
Keywords/Search Tags:Environmental crime, The environmental criminal law, Environmental crime Legislative perfection
PDF Full Text Request
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