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Legislation On Environmental Pollution Crime

Posted on:2016-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:J LuFull Text:PDF
GTID:2336330479980135Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
After the reform and opening up, China's economic strength has been a huge increase, rapidly rising living standards, but it is the attendant environmental pollution dilemma. Currently, the main means to solve environmental pollution is still rely on the law, in particular the role of criminal law in controlling environmental pollution is not be ignored. However, with the progress of society, the existing legal provisions relating to pollution of the environment are constantly progress, for example, from the original crime of major environmental pollution accident to the existing pollution and other environmental crimes. But the reality of the current situation, environmental pollution crime still exists some flaws in the legislation, is not perfect. According to Germany, Japan, the United States and China's Hong Kong, Macao and Taiwan regions legal inquiry, we found that our current environmental pollution sin remaining in the pollution of the environment is not perfect Accusation System, criminal single species, that is, without no-fault liability applies to the criminal justice system is not accurate and standard imperfect. For these outstanding issues I propose to list the crime from polluting the environment dedicates a chapter alone, establish clear and Consequential Aggravated Perilous, innovation penalties applicable principles and four penalties for this crime sound system standards to be hard.
Keywords/Search Tags:Environmental ollution sin, Legislative history, Principle of presumption of fault, Penalty system
PDF Full Text Request
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