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Research On The Criminal Law Of Environmental Pollution Crimes In My Country

Posted on:2019-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:X M YuFull Text:PDF
GTID:2436330566969029Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Major environmental pollution accident crime" changed to "environmental pollution",the environmental pollution crime will no longer be considered to be one kind of crime,but specifically to destroy the environment and resources protection of a specific crimes.The amendment has made a significant change in the legislative concept,which can be said to be a major breakthrough in the development of environmental criminal law.However,there are still some problems after the amendment.No matter in the legislative level of this crime or in the judicial application,it can be said that the purpose of the amendment is not achieved.The judicial interpretation,which takes effect on January 1,2017,further elaborates the provisions on environmental pollution crimes,which are divided into special,very serious and serious cases of environmental pollution crimes.In addition,it also stipulates relevant issues of joint crime,clarifying the conviction and sentencing standards of units for environmental pollution-related crimes.The purpose of this paper is to explore how to improve the legislation of environmental pollution crime in China and combine the legislative experience of some countries and regions.This paper studies the crime of polluting the environment.In the first part expounds the relevant concepts and characteristics of the pollution of the environment crime,and introduces the pollution of the environment crime legislation present situation,from the significant environmental pollution crime to pollute the environment crime,and a new judicial interpretation regulation and serious environmental pollution.The second part analyses the pollution of the environment crime legislation on the place of need to learn from comparison with other countries,on the legislative model,legislative characteristics,adhere to the procedure,and at the same time there is amendment,in the form of judicial interpretation for the supplement.The third part based on the above theoretical guidance,the pollution of our country environment criminal legislation about crime,constitutes a crime ofin-depth discussion on the problems,puts forward the introduction of dangerous crimes,for the establishment of chapters.The fourth part puts forward the method to solve the problem,improves the problem,clarifies the concept of environmental protection and people-oriented,and introduces the system of confession and punishment.Research on this article is focused on and Suggestions for the perfection of our environmental pollution crime legislation,legislative experience in main countries and regions for reference,on the basis of in our country the latest crime is based on relevant laws and regulations and environmental pollution,the improvement of the specific measures are put forward.It is hoped that the further improvement of China's environmental pollution crimes will be helpful to better punish and combat related environmental pollution crimes so as to better protect the environment.
Keywords/Search Tags:Environmental crime, Environmental law benefit, Crime constitution, Foreign legislation
PDF Full Text Request
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