Environmental Criminal Inference Research On Law Matter

This paper studies deeply on legal reasoning theory in environmental criminal cases to further improve the current environmental theory of criminal law in response to environmental particularity and creates the environmental criminal reasoning theory,acting as a logical way to environmental criminal law area of law. It has become a fact in dispute in the legal justification for the use of legal process and lay a foundation on environmental criminal justice. The creation of environmental criminal reasoning theory is very important for the future development of the environmental criminal law, contributing to the development and improvement of environmental criminal law theory. It can apply for the establishment of environmental criminal law system for reasonable offer theoretical support; while it is also important for the judicial practice,helpful to scientific and rational solution of new problems arising in practice and overcoming the legal application of the uncertainty and contributing to the ultimate realization of justice.Firstly, the article describes the historical development of legal reasoning, through the previous stages of the production stages, multi-stage model, legal reasoning to contemporary theory of phase; Secondly, this paper provides the status of the environmental criminal reasoning blank:the use of the general theory of legal reasoning in the field of environmental criminal law, but specifically for environmental crime environmental criminal legal reasoning so far have not studied at home and abroad, this is a legal reasoning in the environmental criminal law applicable in the absence; the analysis of legal reasoning environmental criminal law is not appropriate for reasons directly illustrate creating the need for environmental criminal reasoning. Therefore environmental criminal reasoning is important means to achieve just justice and the judges. Thirdly, this paper provides the initial construction of the environment and the basic framework of criminal reasoning, putting forward the concept of environmental criminal reasoning; specific analysis of the characteristics of the environment and the nature of the criminal reasoning; it offers the function of environmental criminal reasoning from a variety of tack; it makes clear the relationship between value judgments reasoning and environmental criminal; it puts forward the specific operation environment criminal reasoning methods from a practical point of view, they can be used in specific cases and also can be used simultaneously; it shows rational characteristics of the environment and criminal reasoning deciding a case. Finally, this paper puts forward several points noted the application in the legal question reasoning from the environmental c iminal judicial practice of use. It is correct to deal with conflicts between the legal principles and the rule of law; it is important to using environmental criminal reasoning, particularly closely with the judicial practice; asking the judge under the concept of sustainable development value judgments in the judge handling the case; we should pay attention to these issues more conducive to the proper judicial practice and rationalize to correct the specific methods of legal reasoning.