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On The Application Of Relatively Strict Liability In Environmental Crimes

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J W YuanFull Text:PDF
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Compared with ordinary crimes,environmental crimes have their own particularity.The characteristics of environmental crime are the concealment of the means of action,the specialty of the way of action,the complexity of the causal relationship,the tardiness of the results and the difficulty of redeemable consequences.Strict liability is one of the principles of liability in tort law,which can be traced back to the end of the 19 th century and the beginning of the 20 th century.Due to the need of punishing public nuisance crime,strict liability is gradually adopted in some countries of civil law system.At the same time,strict liability is divided into absolute strict liability and relative strict liability according to whether the defendant is allowed to raise reasonable defense.In addition to the introduction and conclusion of this paper,a total of four chapters.In addition to the introduction and conclusion,this thesis consists of four chapters.Firstly,the environmental crime and strict liability are summarized,and the relative strict liability applied by common law countries in the criminal field is proposed.Secondly,it analyzes whether the relatively strict liability can be applied to environmental crimes in China.The system construction of relative strict responsibility in environmental crime in our country is expounded again.Finally,based on the current procuratorial public interest litigation system,this paper compares the differences between procuratorial public interest litigation and criminal prosecution,discusses the relationship between the relatively strict responsibility and procuratorial public interest litigation,and puts forward the possibility of applying relatively strict responsibility only when the procuratorial organ prosecutes environmental crimes.This paper analyzes the imputation principle of environmental crimes and points out the shortcomings of the traditional imputation theory in the subjective aspect of identifying pollution-type environmental crimes.Therefore,it is argued that the relatively strict liability should be regarded as the supplementary application principle of the fault liability principle,which can only be applied to the environmental pollution crime in the pollution-type environmental crime.Meanwhile,the principle of fault liability plays an irreplaceable role in other environmental crimes of pollution and destruction.Under the specific background of risk society,and also give consideration to the particularity of the environmental crime,using relatively moderately strict liability is beneficial to improve the offender behavior when the public welfare of duty of care for the environment,and to urge the offender cautious behavior,protect environmental law profit,realize the maximum protection of public interests,embody the pursuit of social security value.
Keywords/Search Tags:environmental crime, relative strict liability, traditional imputation theory, system design
PDF Full Text Request
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