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Environmental Crime Pollution

Posted on:2013-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:J CengFull Text:PDF
GTID:2266330377453508Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
View of the present, China’s environmental pollution accident-prone, ecology and people’s lives and property caused huge losses. Cases to be held in reality only a small part of the criminal law as the last line of defense of the law, should play its due role of combating serious environmental pollution events. From the concept of sustainable development perspective, to seek a middle road between environmental protection and socio-economic development of the Criminal Law Amendment (h) modified the legislative history of the crime of polluting the environment, constitute the characteristics and theoretical arguments, and how to improve the legislative proposals of the crime of polluting the environment in order to be able to play the role of criminal law to combat pollution of the environment behavior.This article includes three parts, introduction, body and conclusion of which the body is divided into four sections, conducted in-depth discussions on sustainable development research perspective on the real natural elements of the crime of polluting the environment in China, and how to improve the environmental pollution offensenew theoretical perspectives in order to adapt to the special nature of the offense.Chapter one of the crime of polluting the environment, a comprehensive overview, including pollution, environmental crime and related concepts; the legislative history of the crime of polluting the environment; summed up China’s environmental pollution incidents, according to different classification criteria; and through the phenomenon of nature, pollution of the environment on China characteristics or the particularity of the crime to analyze the obtained abstract general awareness; Finally, this chapter the most important one, on the crime of polluting the environment set the research premise (Administration from criticism of the property, the traditional purpose of punishment view of the amendment, concept of sustainable development advocates), in order to provide a theoretical basis for the back-related problems discussed.Chapter two has Pollution of the environment the Crime, including subject, object, subjective, objective analysis from the perspective of the Real. This chapter, comprehensive view and analysis of the pros and cons, there may be relevant factors to be considered, to avoid the observation of things confined to their own subjective sin in the form of the four elements of the crimes pollute the environment and the object, has always been a controversial issue, to sort out the vision, the theoretical circle view of the constituent elements of the offense, by analyzing the argument to draw reasonable conclusions.Chapter three is based primarily on the basis of practical and theoretical study of the first three chapters of things from the point of view ought to how to improve the recommendations of contaminated environmental crime, many of whom are foreign legislative experience, absorb and learn proposes the introduction of strict liability. Additional Perilous improve the penal system, to establish a causal relationship between the principle of presumption of clear results of the elements identified standards and theoretical circles to talk about more counts of decomposition of the problem put forward their own views.
Keywords/Search Tags:the crime of polluting the environment, strict liability, perilous, causationpresumption
PDF Full Text Request
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