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Local Protectionism And Its Overcoming In Environment Pollution Crime Control

Posted on:2016-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2296330479478258Subject:Law
Abstract/Summary:PDF Full Text Request
In China, local protectionism in the economic, political, legal, there are three levels of performance more prominent. On the economy, the market performance of the blockade of local protectionism and market segmentation issues outstanding; in politics, local protectionism and government intervention in the performance of local law enforcement; in law, local protectionism performance of local judicial protection seriously. Accordingly, the formation of local protectionism in the economy is driven by local economic interests because, in politics because of unreasonable management mechanism in the law because the judicial system is the system is not perfect.Local protectionism and governance of the current generation of environmental pollution crimes have a very significant impact. Local protectionism on environmental crime has an important role in promoting environmental crime is the culprit; at the same time, the results of the environmental pollution of local protectionism has obscured the role of crime, resulting in environmental pollution lead to more serious crimes legal consequences. Correspondingly, local protectionism on environmental pollution control crime has greater impediment not only hinder environmental enforcement and judicial interference environment, seriously affecting the control of environmental pollution crime.Thus, China’s current environmental crime control can be effective, the key is to overcome local protectionism. It should be from three aspects of environmental enforcement, environmental justice and environmental law enforcement and criminal justice to overcome environmental pollution control in local protectionism. In environmental administrative enforcement, without a clear division of powers should the environmental protection department and other departments, and local environmental protection departments should implement vertical leadership; at the same time, it should improve the mechanism for public participation and information disclosure system, strengthening government leadership, encourage enterprises cleaner production. Environmental justice, through the implementation of judicial independence and establish the concept of impunity, criminal justice mechanisms to improve the environment. In environmental law enforcement and judicial aspects of convergence, we must first improve the work environment, the importance of environmental law enforcement and judicial understanding of convergence; secondly environmental protection departments at all levels must conscientiously perform their duties; and finally to regulate environmental enforcement and environmental justice convergence program.
Keywords/Search Tags:Environmental pollution crime, Environmental crime control, Local protectionism, Overcome
PDF Full Text Request
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