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The Perfection Of Criminal Legislation Of Our Country's Environmental Protection

Posted on:2018-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhaoFull Text:PDF
GTID:2346330512999132Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid economy of development, the environmental problems are more and more seriously. People increasingly feel the pain which come from ignoring importance of environment. Otherwise environmental crime is becoming more and more rampant.Environmental crime not only damages our environment, but also threatens health of our body and mind and property safety seriously. Environmental crime has its particularity that the harm caused by environmental crime need some time to find,otherwise the consequences has continuity and extensiveness, and once the consequences happen, it is not easy to resume. But the perfection of legislation can effectively prevent or reduce the occurrence of crime, and effectively contain environmental problems. So, Criminal Law, as the Guarantee Law in the Legal System,is undoubtedly the most important part of environmental protection. Environmental issues have become a worldwide topic, for the environmental crime legislation,countries all over the world also carried out some efforts and innovation. Among them,this paper takes the legislation of USA, Japan and Germany as examples, and introduces the legislation of each country. For such a global problem, we can learn from foreign experiences which are more comprehensive, then construct our criminal legislation combining with our reality. At present, our legislative model of environmental crime is the model of Penal code, this model is more suitable for us, however, other aspects of environmental criminal legislation is not perfect, which is obviously not enough for the prevention and control of environmental crime. So, we should take an active part to perfect legislation of environmental crime. Absolutely, we keep improving environmental criminal legislation and take some achievements, but there are still many problems which influence the effects of dealing with environmental crime. So we must take environmental crime legislation seriously. Firstly, we should have the correct legislative idea and apply the concept of sustainable development which has been recognized to the legislation of environmental crime, and we should get rid of sloganeering and change our idea completely. We can no longer take the human as the center that only blindly pursues the economic benefits, we must take into account the environmental benefits. At the same time, we should give environmental crime an independent status, and carry out special settings in the legislation because environmental problems are prominent and important, do not just put this chapter and other crime together. This not only does not highlight the importance of environmental crime, but also confuses with the object of other crimes in same chapter. Of course, the criminal law as a security law, should regulate the serious environmental problems, and there are many serious environmental problems which should be regulated by the criminal law now. So it is necessary for us to add a few environmental charges in the criminal law to deal with these intractable environmental problems. In the legislation of environmental crime, we should perfect the relevant penalty measures in order to meet the principle of suiting punishment of crime. Dealing with environmental crime has a long way to go, we need to confirm our confidence and work together to make our home a better place.
Keywords/Search Tags:Environmental Crime, Environmental Interests, Environmental Criminal Legislation
PDF Full Text Request
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