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Research On Criminal Regulation Of Environmental Crime

Posted on:2019-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:B DaiFull Text:PDF
GTID:2416330548951595Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This paper takes the unique value of environmental rights as guidance for criminal regulation of environmental crime,and focuses on the current situation,progress and shortcomings of environmental crime in legislation and judicial practice.Through induction,comparison,reasoning and other research methods,this paper discusses a series of problems,such as the difference of legal interests,the criminal responsibility of environmental crime,the causal relationship between pollution and environmental crime,the application and improvement of environmental crime,etc.,which is divided into five parts.Part1:Introduction.This paper expounds the origin,theory and practical significance of the topic,and the basic status of relevant research at home and abroad.Part2:Different points of the basic theory of environmental criminal law.In order to better study the criminal regulation methods and measures of environmental crime,the importance of the discussion of the basic theory of environmental crime is self-evident.In fact,the basic theory of environmental crime in itself is controversial,such as environmental crime and environmental crime connotation dispute,violate the law of environmental differences,the objective aspect of the crime of causality in environmental crime,the criminal responsibility between strict liability and fault liability principle choice and so on different points.In this paper,for these debates have cited different theories and views by analyzing understanding of his theory,the theory of criticism before and define the connotation and extension of environmental crime,environmental crime emphasizes the unique value of violations of the environmental interests,pay attention to the different causal relationship compared with common crime environmental crime,environmental crime and the application of strict liability of a certain extent.Part3:A probe into the criminal legislation of environmental crime.This paper expounds the intervention of criminal legislation of environmental crime,the generalization of the criminal legislation of environmental crime at home and abroad,and the defects of China's environmental crime legislation.Through comparative study and analysis of legislative defects,we can provide reference and guidance for the improvement of environmental crime legislation in our country.The intervention of criminal legislation focuses on analyzing the necessity and legitimacy of criminal law's involvement in environmental protection,and reflects on the boundary and standard of criminal law's involvement in environmental protection.It points out that environmental criminal law has the function that environmental administrative law can't have and replace.The criminal legislation of environmental crime in China and overseas,mainly from the legislative evolution,legislative mode and legislative ideas from macroscopic perspective are described,for the specific domestic and foreign criminal legislation of environmental crime provisions will be mentioned selectively in the following analysis.It points out some defects in the legislation of environmental crime in China,such as the lagging behind in legislation and legislation mode,the lack of rigour in the environment criminal law network,and the lack of scientific punishment system in environmental crime legislation.Part4:First of all,the situation of environmental crime in China is combed through sample statistics,and the perceptual knowledge about the current situation of environmental crime and justice in China is obtained.It also analyzes the causes of multiple crimes.From the specific analysis and measurement of the cost and income of environmental crime,the economic reasons for environmental crime are compared.For the beneficial exploration part,it focuses on the restorative justice practice in the field of environmental crime.It points out that there is consistency between the prevention and treatment of environmental crime and restorative justice in terms of ideas and purposes.Through keyword search,it is found that there are typical referee characteristics in the application of environmental crime in China's restorative justice practice,such as time limit performance,labor compensation and third party governance.At the same time,it is also recognized that there are still some difficulties in judicial practice,such as the limited role of fines punishment,the lack of theoretical and legal basis for the new responsibilities of environmental offenders,and so on,laying the groundwork for the improvement of judicial practice below.Part5:Improvement of the legislation of environmental crime in China and the improvement of criminal judicial practice.There is not much controversy about whether or not to modify the legislation to improve environmental crime in criminal law circles.The focus of controversy is on how to improve the legislation of environmental crime in China.Through the summarization and analysis of the defects of China's environmental crime legislation,this paper seeks for a systematic legislative improvement path,and concludes that the legislative perfection of environmental crime in China needs to promote the transformation of legislative connotation and value orientation.That is,in the risk society,we insist on the theory of the eclectic behavior,and through the increase of environmental dangerous criminals,the protection of environmental law benefits is preformed.It is also necessary to transform the legislative mode of environmental crime in China.China should formulate a unified and applicable single environmental criminal law,and gradually improve the provisions and contents of the affiliated environmental criminal law,and integrate the unity and diversity of environmental crime.Finally,it is necessary to make strict and scientific boundary on the crime of environmental crime and the system of crime,and improve the punishment system of environmental crime.Only the systematic and systematic improvement of legislation can promote the regulation of criminal law of environmental crime in China.In terms of the improvement of criminal justice practice,according to the current judicial situation and existing problems of environmental crime in China,a number of improved methods and steps have been put forward.First,in the judicial practice,the new changes in the environmental restoration are presented,and the methods and procedures for the scientific popularization and rational application of some new changes are discussed.Part of the dilemma of judicial practice can be solved by legislation,but this article also recognizes the subjective initiative of the judiciary,and puts forward some countermeasures for the reform and improvement of environmental criminal justice.We should promote the coordination and connection between administrative crime and administrative enforcement under the guidance of administrative attribution of environmental crime,and guide the improvement of professional knowledge and establishment of scientific environment concept for environmental criminal justice personnel.
Keywords/Search Tags:Environmental crime, strict liability, causal relationship, New responsibility, Environmental perilous offense, Restorative justice
PDF Full Text Request
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