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Advocating The Relative Theory Of New Administrative Subordination Of Environmental Crime

Posted on:2020-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiuFull Text:PDF
GTID:2416330596481685Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the discussion of the differences in the nature of environmental crime administration,based on the results of the legislative system and the effectiveness of judicial effectiveness,the administrative subordination has a reasonable rational basis,and should be based on the relative theory of administrative subordination,with environmental crimes.Whether or not to consider the administrative subordination as the core,which is contrary to the traditional administrative subordination,does it have different administrative subordination in specific situations.Starting from environmental legal benefits,environmental crimes are divided into public environmental crimes and utility environmental crimes.The former does not need to consider administrative subordination,and the latter must consider administrative subordination.At present,there are still administrative subordination and administrative subordination in the academic circle.The former may conform to administrative regulations,but the behavior that infringes the national life and health cannot be considered as a crime;the latter may cause environmental crimes to be difficult to identify,criminal If the circle is improperly expanded,the criminal law cannot protect the environment and the basic legal interests of individuals in a timely manner.The administrative subordination avoids the above-mentioned defects,which is beneficial to the protection of the environment and the basic legal interests of individuals,and also enables the criminal law to effectively respond to social changes and meet the actual needs of China's current environmental crimes.This article is divided into five chapters.The first chapter is mainly to introduce the administrative subordination of environmental crimes in a concise and brief manner,and to propose differences.The second chapter is mainly to sort out the literature on administrative differences from attributes,including the necessity of administrative subordination,the administrative subordination,and the administrative subordination.The third chapter mainly reviews the administrative differences from the attributes and points out the related defects of the three theories.The fourth chapter puts forward the new solution of the administrative subordination that the author agrees with,and proves the theory and applies the identification.The fifth chapter is the summary part,which briefly summarizes the meaning of the text and carries on the sublimation.
Keywords/Search Tags:administrative subordination, environmental legal benefit, social harm
PDF Full Text Request
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