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Presumption Of Causality In The Environmental Crime

Posted on:2015-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
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With the acceleration of modern industrial society, environmental issues continue tobreed. Criminal means to punish environmental crimes is necessary and urgent. Due tothe differences between the causality of the environmental crime and other ordinarycriminal offenses, criminal environmental offenses identify in both academic andpractical difficulties. A large number of environmental crime is always difficult to getthe law to punish and the legitimate rights and interests of victims have been violated. Ifwe use the causal relationship between traditional criminal law theory in theenvironmental crime, the causality can not be identified. Therefore, the method ofpresumption in causality of the environment is a kind of trend and developmentaldirection. In this paper, the author will analyze and discuss the presumption of causalityin the environmental crime. The causality of the environmental crime has its ownparticularities, such as a dual nature of the dangerous act value, the multi-factor anddelay of the harmful results, the professional knowledge of the determination ofcausation, etc. Whatever the conditioning theory, causing theory, the well-matchedtheory, these traditional causal relationship in the determination of causation usually usethe train of thought from the cause to the effect, and this train of thought used in theenvironmental crime is very difficult. For preventing and protecting the environmentalrights and property and personal rights and interests of citizens, we can come to aconclusion that it is absolutely necessary to introduce the presumption of causality inthe environmental crime. On the other hand, using the method of presumptionidentifying the causal relationship between environmental crime is also an inevitablechoice to maintain the dignity of law and the prevention of crime. This article separatelyilluminates the contents, strengths, weaknesses of the epidemiological causation theoryand the meaning, limitations, advantages and disadvantages of the indirect reduction toabsurdity. For applying the causation of the environmental crime, it needs to carry outthe principles of necessity, fairness and rationality, restrict the applicable of the premiseand the scope, comply with the specific rules in applying the presumption of causality.The author describes the case in the last part of the article by Suxian District Chenzhou,Hunan and Chengjiang Jinye Industry and Trade Co.Ltd, Yunan arsenic pollutionaccidents. It shows the specific application and reflection of the presumption ofcausality, summarizes the practical standards and the degrees in using the presumptionof causality to punish environmental crimes and guides the determination of causationjudicial practice of environmental pollution cases. At this point, I want to be able tocomplete the purposes of this article. I hope, through the study of causality of theenvironmental crime, it can play a role in improving our environmental issues.
Keywords/Search Tags:Causality of the Environmental Crime, Epidemiological Causation Theory, Indirect Reduction to Absurdity, Presumption of Causality
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