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The Research On The Criminal Responsibility Of Environment

Posted on:2015-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:J LanFull Text:PDF
GTID:2266330428970368Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China’s economy has a larger rate of growth, thesecond industry is booming, and the environmental pollution, the destruction of theenvironment behavior also began to increase, the increasingly serious environmentalproblems, increasing water pollution,greenhouse gas emissions, air pollution, acid rain,floods and other phenomena, a series of human environmental problems not onlyinfluences the sustainable development of the economy, but also a threat to the mostbasic conditions for survival of our. Therefore, it is necessary to review thesystem ofcriminal responsibility of environmental.Environmental criminal responsibility refers to the natural person or unit becauseof violating the regulations of criminal law and law of environmental resources, theimplementation of the damage or threat of ecological environment behavior, resulting inserious environmental pollution,environmental destruction and potential threat, behaviorperson therefore shallbear criminal responsibility. It is to destroy the environmentbehavior of the most severe punishment.The theoretical basis for the environmental criminal responsibility in ourenvironmental criminal law, the lack of environmental criminal responsibility is notclear, the principle of a single imputation, subject and object ofenvironmental crime,environmental criminal liability of defect mode issues such as unreasonable, in theprovisions of environmental criminal responsibility of our country and the basis ofprovisions on environmentalcriminal liability abroad, make their own suggestions ofimprovement:We should improve the environment criminal responsibility theory basis, thebenefitof ecological environment as its focus on the protection of the law;secondly, shouldexpand the principle of environmental criminal liability, theprinciple of sustainabledevelopment, penalties for environmental danger crimeprinciple into criminalenvironmental responsibility principle; again toenvironmental criminal liability to applyto fault liability, based on the principle,the strict liability as supplementary, bothenvironmental criminal liability system;finally, way to take in the environmentalcriminal responsibility, to promotediversified, for extremely severe damage to theenvironment, can be applicable to the death penalty, but for some mild cases, should pay attention to the application of non penalty measures the.These Measures shall help us perfect the environmental criminalliability,combating environmental crime, so as to better protect our environment forsurvival, but also to promote the sustainable development of China’s economy.
Keywords/Search Tags:environment, environmental criminal responsibility, strictliability, perfect measures
PDF Full Text Request
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