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On The Legislative Perfection Of Ecological Crime In China

Posted on:2020-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:W P ChaiFull Text:PDF
GTID:2416330596468975Subject:Law
Abstract/Summary:PDF Full Text Request
Over the past 40 years of reform and opening up,China has made significant achievements in all aspects,especially in the economic field.However,along with the rapid development of the economy,serious ecological crime cases have also occurred frequently,which has put unprecedented pressure on China's ecological environment.Due to the influence of traditional humanistic ideas and the late start of legislation,China's research on ecological crimes is still a frontier issue,and there are still many shortcomings in legislation.Only by perfecting can we protect the ecological environment and the economy can develop healthily.This article is divided into four parts,as follow:The first part is mainly a basic overview of ecological crime,including the concept,characteristics and differences of environmental crimes,and strives to introduce the theoretical basis of ecological crime.The second part is mainly to analyze the legislative status of ecological crimes in China,including legislative evolution and legislative inadequacy.Point out the specific deficiencies in China's legislative concepts and legal systems,and then reflect on the reasons for the lack of ecological crime legislation in China.The third part mainly examines the legislative achievements of ecological crimes in extraterritorial countries and analyzes and evaluates them,including civil law countries and common law countries.In order to obtain useful experience from the ecological crime legislation of these countries,to improve China's ecological crime legislation.The fourth part is mainly to make useful suggestions for the ecological crime legislation in China.From the transformation of legislative ideas to the reconstruction of China's ecological crime legal system.Based on the actual situation in China,we draw on the legislative achievements of the ecological environment criminal law of other countries and put forward a set of recommendations.Using modern ecocentrism instead of traditional anthropocentrism to guide ecological crime legislation,specific proposals include improving the legislative model,perfecting relevant criminal provisions,introducing strict liability system,adding abstract dangerous criminals to pollution environment,and perfecting the penalty system.In this way,we can improve our country's ecological crime legislation.
Keywords/Search Tags:Ecological crime, The legislative idea, The legal system, perfection of legislation
PDF Full Text Request
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