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On Presumption Of Environmental Crime Causality

Posted on:2016-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LiuFull Text:PDF
GTID:2296330470977383Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Polluting environmental crime as a product of modernization life is destroying citizens’ living environment. The causality of polluting environment crime has characteristics of concealment; it can keep a long time and can cause a damage consequence. Using tradition method to determine the causality of polluting environmental crime is useless, and it will make the sue come to a unnecessary philosophical debate. Either the rights of victim are hard to be protected or the situation of environment can be better. So the paper hold a opinion that we should lead the method of presumption into the causality of polluting environmental crime refer to the civil causality theories and refer to the international causality presume methods.This text is divided to three chapters to analysis the method of causality presume intend to enrich the theory of environment crime.Chapter one is the basic definitions of causality, the environmental causality and the presume causality. We analysis the theory of causality and polluting environmental crime causality both in China and in other countries. Point out the characteristics of polluting environmental crime and summary the situation of causality presume in China. Then provide we should use presume to solve the problem of environmental crime.Chapter two is about epidemiological causation presumption and indirect contradiction presumption. Definition epidemiological causation presumption and indirect contradiction presumption and then using case to study two presume causality methods. Analysis the advantages and shortcomings of these two methods and propose preliminary solutions.Chapter three is the most important part and the text introduce the theory of complex causality presumption and introduce how to use this kind of causality presumption. We compare complex causality presumption with epidemiological causation presumption and Indirect contradiction presumption and come to a result of that complex causality can insufficient to compensate of epidemiological causation presumption and Indirect contradiction presumption. Through case study we introduce the theory of complex causality presumption and analysis how could it work good. At last of the text we also provide the limit of using complex causality presumption.
Keywords/Search Tags:Polluting environmental crime, The causality of crime, Epidemiological causality, Indirect disproof method
PDF Full Text Request
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