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The Study Of Unified Standards Of International Environmental Crime

Posted on:2016-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2296330467476554Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Currently, the environmental crime is not only a country’s domestic problem, but also an international crime by the international community that needs common concern. However, there is not have a kind of convention about international environmental crime that has legal force and commonly used to solve the problem of environmental pollution.This situation is very unfavorable. Therefore, how to define international environmental crime and how to improve its application have become the most important questions on international environmental crime study.This paper is divided into four chapters. The first chapter is mainly to solve conceptual problems. First, the concept of international environmental crime were demonstrated, the author point out that international environmental crime is acts that violate international criminal laws or international environmental protection treaties with intentional or negligent mentality, destruct the environment, result in environment that belongs another country or does not belong to any country or region has been severely damaged, the offender shall bear criminal responsibility. Second, forms of the international environmental crime are classified as hurting wildlife, air pollution, marine pollution, outer space pollution and pollution transfer Third, the content of unified standard about international environmental crime are outlined, laid the theoretical foundation for the study of unified standards about international environmental crime.The second chapter is mainly to solve the problem of the rule of law dimension. First, the author analyzes the legislative status quo and the shortage of legislative status about punishing the international environmental crime, outlines that object is relatively simple and the contents lack mandatory. Second, the author analyzes the judicial status quo and the shortage of judicial status about punishing the international environmental crime, introduces the achievement and problems of international cooperation, provides legislative and judicial material for the study of international environmental crime. The third chapter discusses in detail the main content of the unified standards of international environmental crime, specifically addressed the subjects, subjective sin, guilt and criminal liabilities. First, the author recognized individuals, organizations or institutions and countries can be regarded as the subjects of international environmental crime at the appropriate time. Second, the author advocates that intentional and negligent can be used as the subjective sin. Third, the author proposed crime of harming wild animals and plants, crime of polluting atmosphere, crime of polluting the marine environment and crime of nuclear pollution should be treated as environmental crime. Finally, the author advocates we should use the different methods to bear criminal responsibility for the different subjects.The forth chapter is mainly to solve the problem of the actual implementation of international environmental crime. The author advocates that the international community should take the international environmental crime in the range of the jurisdiction of the International Criminal Court, give full play to the role of international organizations, strengthen environmental cooperation between different countries, call on States to improve the relevant domestic environmental law. These measures clear barriers for the punish of international environmental crimes.Earth is the foundation of human existence. Earth’s environment is very important for the survival of humanity, so international environmental crimes should be the object of the international community combats. This paper from the view of the unified standard explains the basic issues of international environmental crime, hopes can be helpful for the deeper study of international environmental crime.
Keywords/Search Tags:international environmental crime, unified standards, internationalcooperation, criminal responsibility
PDF Full Text Request
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