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Research On Cognizance Of Causality In Pollution Environment Crime

Posted on:2021-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:H X SunFull Text:PDF
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With the increase of environmental pollution cases in our country,the research on various issues of environmental crime has also become more in-depth.The complexity of pollution-related environmental crime cases,the diversity of pollution behaviors,and the long-term latent nature of pollution results make it difficult to use traditional causal theory to determine the cause and effect of pollution-based environmental crimes.What kind of theoretical doctrine is applicable to determine the causality of pollution-type environmental crimes?There is no definite conclusion in the academic circles at present.There is much discussion about the theory of causality in epidemiology,the theory of indirect counter-evidence,the theory of inference of causality,etc.Among them,the theory of inference of causality Because it has absorbed the advantages of epidemiological causality and indirect counter-evidence theory,it has become a more effective theory for determining the causality of polluting environmental crimes.Through combing the cause and effect relationship of traditional criminal law and drawing on the excellent research results of this issue at home and abroad,this paper proposes to use the theory of presumption of cause and effect relationship to solve the difficult problem of determining the cause and effect relationship of pollution-type environmental crime.Specifically,this article is divided into four parts:The first part mainly introduces the basic concepts of pollution-type environmental crime,the research on the identification of the cause-and-effect relationship of pollution-type environmental crime abroad,and the current status of research on this issue in my country.The second part mainly discusses the problems and causes analysis of the current pollution-related environmental crime causality determination.There are currently two difficulties in determining the pollution-related environmental crime causality.It is difficult to meet the standard of proof in ordinary criminal cases.The prosecution undertakes all The burden of proof is difficult;the two difficulties are due to the particularity of the pollution-type environmental crime and the traditional criminal law theory of causality.The third part mainly introduces the three theories with more discussion on the determination of the causality of environmental pollution crimes.Including epidemiological causality theory,indirect counter-evidence theory,causality theory,and analysis of the advantages and disadvantages of these three theories.The fourth part is the focus of this article,which discusses the rationality and feasibility of the causal relationship presumption theory to solve the causal relationship identification of pollution-type environmental crimes;The principle of reasonableness.Finally,specific application rules must be followed in the specific application process.
Keywords/Search Tags:pollution-type environmental crimes, presumption of causality, epidemiological causality, indirect decertification
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