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Our Country Environment Criminal Policy Research

Posted on:2017-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2336330503480834Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The situation of environmental pollution in our country is more and more grim,so the environmental criminal policy in protection of environment get people's attention. Environment criminal policy is the planning, strategy and measures for the party and the state to punishment and prevention of environmental crime.Environmental criminal policy by guiding environmental criminal legislation, judicial and executive to influence the governance of environmental crime. From the thical perspective, China's traditional culture the "nature and humanity" ideology and sustainable development strategy for our party to implement modern socialist ethics provides ethical basis; From the legal level, environmental criminal policy legalization and environmental criminal law policy in our country influence each other on environmental protection, is the important legal basis for our country environment criminal policy further standardize and improve; The grim situation of environmental pollution in our country, for the destruction of environment mainly on administrative intervention, already can not adapt to the needs of social development, strengthen the management of criminal law on environment pollution, gradually been recognized by all sectors of society, and this also is our country environmental criminal policy formulation and implementation of the important social basis. At the same time, many foreign countries in the process of the governance environment on the environmental criminal activity legislation, judicial has achieved fruitful results, especially in countries such as Germany, Japan, the United Kingdom and the United States, in the different aspects of environmental control for environmental governance in China provides a wealth of experience, further improving of environmental crime criminal policy in China has important significance.However, China's environmental crime criminal policy in the legislative, judicial, and executive process there are still many deficiencies. Need to change the environment crime criminal policy on the legislation value orientation, promoting the socialist modern ecological ethics; Expanding the scope of the criminal law protection of environmental resources. Determine the dangerous crimes in environmental criminal legislation of the crime form, embodies the criminal law on crime revention requirements. To strengthen the judicial interpretation of environmental crime in the judicial guidance, insist on guilty shall be punished, while improving the environment of criminal justice personnel business level and environmental criminal judiciary independence, in order to better hit the environment crime, protect the environment. In the process of environmental crime criminal execution in the our country based on the basic criminal policy of tempering justice with mercy, must set up to keep pace with The Times, set up the people-oriented environment crime of criminal execution legal system idea, to treat different environmental criminal in criminal execution work to take different strategies.
Keywords/Search Tags:Environmental crime, Criminal policy, The legislative policy, The judicial policy
PDF Full Text Request
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