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Research On Criminal Responsibility Accountability To Ecological Environment Crime

Posted on:2019-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2416330545467471Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The investigation of criminal responsibility for ecological environmental crimes is a special manifestation.It is a judicial activity implemented by the judicial authorities in accordance with the law of criminal law to track down and implement the legal responsibility for ecological environmental crimes committed by ecological environmental criminals.The investigation of criminal responsibility for ecological environmental crimes should adhere to the principle of penalties of humility,the principle of responsibility preemption,the principle of inversion of burden of proof,the principle of combined use of penalty and non-penalty methods,and economic principles.China's environmental criminal legislation has the following problems:environmental criminal law is involved in environmental issues too narrow and superficial;environmental criminal law is not sufficiently forward-looking;environmental criminal legislation is not systematic;principles punishing environmental crimes and the application of environmental criminal law are not in line with the international community;The criminal law punishes the environment too lightly;some local environmental criminal legislation is not scientific enough.On the judicial front,restorative justice has not been fully implemented,there is a lack of specialized environmental criminal justice rules,there is a lack of a relatively sound and perfect environmental justice system,there is a flaw in the ecological and environmental criminal litigation system,criminal law has not been effectively implemented,environmental criminal law enforcement is difficult,and environmental protection administration The connection mechanism between law enforcement and criminal justice is not running smoothly,and the legal supervision of the procuratorial organs is weak.Legislation should be improved by advocating the concept of restorative justice,advancing the specialization of environmental criminal justice,improving the criminal litigation system for the ecological environment in China,improving the evidence quality of the public security organs,strengthening the close contact between the environmental protection agencies and the judicial authorities,and strengthening the legal supervision of the procuratorial organs to improve justice.
Keywords/Search Tags:Ecological environmental crime, Environmental criminal responsibility, Environmental criminal law
PDF Full Text Request
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