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Research On Legislation Of Pollution Crime In China

Posted on:2019-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2346330545490190Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Since 20th century,with the development of industrialization level,there comes heavy pollution of environment,frequent occurrences of natural disasters,degradation of ecosystems,and destruction of the ecological environment,which means rapid development of human beings leading to severe ecological crisis.Ecological environment is essential to survival of human existence.Along with the 18th National Congress of the Communist Party,building of ecological civilization system has gained a prominent position and meantime focusing on harmonious coexistence between man and nature.Building of ecological civilization system is vital to substation of well-being of people and future of our nation.Nevertheless,building of ecological civilization system is inseparable from environmental law.Criminal law as the last defense of environmental pollution control plays a necessary protection role.The legislative concept of the crime of environmental pollution in our country has gradually changed from "anthropocentrism" to "ecology",and the infringement law of environmental crimes should also change with the change of legislative concepts.The harmful behaviors of the crime of contaminating the environment is not limited to consequential crimes.Behavioral offenders and dangerous offenders cannot be ignored.The traditional principle of proof of cause-effect relationship is not suitable for the development and change of the new crime of environmental pollution because of its limitation.The unclear subjective sin brings a test to the judge's conviction and sentencing.The lack of corresponding penalty configuration cannot effectively curb the pollution of environmental behavior occur.In order to highlight the benefits of ecological law and our emphasis on environmental issues and improve the crime of environmental pollution,it is necessary to set up a special chapter,to specify the crimes of environmental pollution,to set different crimes and sentences according to different targets of pollution,and retain the general crime of contaminating the environment;at the same time dangerous criminal legislation should be included,and clearly embodied in the provisions of the criminal law;clearly define the subjective crime of environmental pollution,and the intentional and negligence can be reflected in the range of sentencing,the principle of legally prescribed punishment for crimes must be observed;the principle of presumption of causation must be clearly defined in the form of legislation to replace the theory of traditional causation and adapt to the needs of the development of the new situation;and the scope of sentencing for crimes of environmental pollution should be increased,subject to criminal subjective sin.Differently adopt different multiples of fines and limit fines,and define the scope of fines,increase non-penalties and penalties,so as to make the punishment of environmental pollution more perfect.
Keywords/Search Tags:offence of environmental pollution, infringement of law, danger crime, guilty form, confirmation of the causal relation
PDF Full Text Request
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