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Research On Criminal Regulation System Of Destroying Grassland Behavior

Posted on:2020-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L L HanFull Text:PDF
GTID:2416330578951210Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Grassland ecology is one of the most important ecosystems in China's terrestrial ecosystem and plays an important role in the development of human economy and society.In recent years,the crime of destroying grassland ecology is increasing gradually,which not only endangers the healthy and orderly development of grassland ecology in China,but also affects the normal production and life of human beings.In order to protect the increasingly fragile grassland ecology,China has successively formulated the "grassland Law","grassland Management measures" and other related laws and regulations to protect grassland ecology.At the same time,in order to ensure the effective implementation of other laws and regulations and punish the serious damage to grassland ecology,the Criminal Law of our country has set up the crime of illegally occupying agricultural land..This crime stipulates: "whoever,in violation of the laws and regulations of land administration,illegally occupies agricultural land,such as arable land,woodland or other agricultural land,changes the use of occupied land and has a relatively large number of such agricultural land as cultivated land,woodland and other agricultural land,shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention Concurrently or singly imposed a fine." However,the crime of illegally occupying agricultural land should be applied to the destruction of grassland ecology not explicitly in the criminal law norms of this crime,but through the presumption stipulated in other laws.The Land Management Law stipulates that agricultural land shall include cultivated land and woodland.Grass,etc.Therefore,we can infer that the grassland belongs to the category of "agricultural land" as stipulated in the crime of illegal occupation of agricultural land.Inside.However,because it is not explicitly stated in the provisions of the criminal law,the crime of illegal agricultural land,as the only magic weapon to regulate the crime of destruction of grassland ecology,is difficult to play an effective role.Nowadays,the criminal act of destroying grassland ecology has reached the point of having to be punished.Therefore,we should clearly define the criminal act of destroying grassland ecology within the norms of the crime of illegally occupying agricultural land.In order to prevent the further deterioration ofgrassland ecological environment,the criminal law should play its due role.This paper analyzes the current situation of grassland ecology from two aspects: the importance of grassland ecology to human beings and the importance of grassland ecology in the current stage,and emphasizes the importance of grassland ecology.It also puts forward the necessity of regulating the behavior of destruction of grassland ecology by criminal law.Through the analysis of the criminal law and related laws,this paper explains the status quo of the protection and regulation of grassland ecology,finds out the defects and deficiencies among them,and on the basis of drawing lessons from the United States,Germany,Russia and other countries on the basis of the provisions on ecological crimes,Put forward the perfect measures to protect and regulate the grassland ecology in our country,so that the criminal law of our country can make more effective regulation on the behavior of destroying the grassland ecology.System,in order to achieve the purpose of grassland ecological protection.
Keywords/Search Tags:Grassland crime, Legal protection, The system of the law of punishment
PDF Full Text Request
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