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Research On Criminal Law Evaluation Of Illegal Exploitation Of Sea Sand

Posted on:2019-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y R GuoFull Text:PDF
GTID:2416330545964820Subject:legal
Abstract/Summary:PDF Full Text Request
Under the lure of great economic interests,the illegal exploitation of sand in offshore waters has been repeatedly banned,and local areas have even formed a gray industrial chain of mining,transportation and selling of sand.Because the sea sand mining has low cost,the characteristics of the difficulty is not great,not easy to detect,combined with the current law is not detailed,leading to the judicial administrative organs to crack down on such crimes,safeguarding national property,protection of Marine ecological environment,there are obstacles.If not governance,regulate the behavior of illegal exploitation of sea sand as soon as possible,will lead to a lot of waste of resources,huge loss of national revenue,and created a lot of social problems,ecological and environmental problems,eventually will make problems to deteriorate,resulting in serious consequences incalculable.The purpose of this paper is to study the illegal mining sea sand behavior evaluation problem of criminal law,from the perspective of criminal law regulating such behavior,qualitative analysis,the behavior is reasonable apply appropriate laws,help efficient and powerful regulators to crack down on such crimes,to curb the occurrence of such illegal activities play a positive role.First of all,starting with the properties of sea sand,analyze the possible effects of sea sand mining.Sea sand as a natural mineral resources and social attributes.The exploitation of sea sand will not only affect the marine ecological environment system,but also bring security risks to the navigation of the sea.The above content is the theoretical introduction of sea sand,the formation of a preliminary understanding of the sea sand,paving the way for the back analysis.Secondly,research on the behavior of illegal exploitation of sea sand.The connotation of the illegal exploitation of sea sand means that the laws and regulations determine whether the act belongs to the conditions for the illegal exploitation of sea sand.Under normal circumstances,the legal exploitation of sea sand should follow the corresponding laws and regulations,including administrative laws and regulations and criminal law Provisions.The extension of the illegal exploitation of sea sand is to divide the illegal exploitation of sea sand into two categories,one is "thief mining type" and the other is "indiscriminate mining type." In each of these two categories,they each refine their behavior differently.These different ways of behavior that lead to the controversy over the choice of guilty in the criminal law evaluation of the illegal exploitation of sea sand.Through the analysis of the behavior of illegal exploitation of sea sand,it is found that there are many views on the evaluation of the criminal law of illegal exploitation of sea sand at present.According to the emergence of several major charges,analysis of the reasons for its existence and inadequate,as well as put forward reasonable suggestions and improve relevant laws so as to make a slight effort to crack down on the illegal exploitation of sea sand.
Keywords/Search Tags:Illegal exploitation of sea sand, Administrative responsibility, Criminal liability
PDF Full Text Request
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