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My Country's Environmental Crime Legislation Is Perfect

Posted on:2021-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2436330602498648Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Environmental issues have now become a universal concern in the world,and human beings are increasingly aware of the various pains caused by disregard for the environment.In order to regain a beautiful and comfortable living environment,various countries are actively taking measures to curb the increasingly serious Environmental pollution,global warming,energy crisis and other issues,protecting the common living environment of human beings has become a common consensus among countries,and it has also become an urgent problem for all mankind.During the industrial revolution,western countries caused significant pollution and damage to the environment.People enjoyed the benefits of economic development and were also deeply affected by environmental pollution.Therefore,various measures were formulated in the early stages of development.Legislation cracks down on environmentally damaging behaviors,and pays attention to using administrative methods to punish environmental crimes.For a long time,China has also been exploring ways to protect the environment,and tried to use various legal means,especially criminal law means to protect the environment.In addition to the provisions on the protection of environmental elements stipulated in the current Criminal Code,a series of amendments to the criminal law,environmental protection regulations,judicial interpretations and other relevant regulations have all promulgated China's determination to combat environmental crime.Although compared with western countries,China's legislation on environmental issues started late,but in general,it has achieved certain results in punishing environmental crimes in the past.However,with the development of science and technology,the means of crime have become increasingly diversified,and the methods of crime have become more and more difficult to be detected.As a result,the relevant legislation of the criminal law cannot include some environmental crimes with serious social harm.The problem is a bit stretched,and the criminal law legislation of environmental crimes needs to be improved in terms of the legislative system,the establishment of crimes,and the allocation of penalties.Therefore,it is urgent for our country to learn from the advanced aspects of environmental crime legislation in the West and to integrate the actual situation of environmental governance in China to build a legislative system of environmental crime criminal law in line with China's national conditions.This article is divided into four parts.The first part is an overview of environmental crimes,and briefly describes the concepts,characteristics,and causes of environmental crimes.The second part analyzes and discusses China's criminal law through three modules:legislative style,crime setting,and penalty allocation.The current status and deficiencies of environmental crime legislation;the third part is an introduction to the relevant provisions of environmental crime in the British and American law system represented by British and American countries and the civil law system represented by Germany and Japan,and the reference to its reasonable components The fourth part is on the basis of ensuring the necessity and feasibility of the perfection of China's criminal law legislation on environmental crimes,and puts forward legislative improvement measures in line with China's national conditions.
Keywords/Search Tags:Environmental crime, Criminal law legislation, Charge system, Penalty setting
PDF Full Text Request
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