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The Research Of Criminal Countermeasures About Environmental Pollution In China

Posted on:2015-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:J ZengFull Text:PDF
GTID:2296330467952322Subject:Environment and Resources Protection Law
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Facing the increasingly serious environmental pollution,All the countries in the world arecontinuously seeking a good way to curb the trend, no exception for China either.People areshared that the traits of The pollution control measures should be diversification, long-termphenomenon,and institutionalization, but some issues on the specific implementation strategy areworthy of studying, especially the strategy of civil law, administrative law, criminal law, nonlegaltreatment and so on. How to locate and ordinate those strategies? How to view its meaning andvalue? What is core of diverse strategies? All the study will be involved in the actual effect of thestrategy. This paper do the research mainly focus on criminal law strategy of environmentpollution, and analyses the special meaning and effect of the strategy in the treatment ofenvironmental pollution.The paper point out that Under the circumstances of Scale rapideconomic expansion, the development of high speed uplink speed, technological content isrelatively low; High input, low output, high energy consumption, high pollution industry structuremodel. Modern rule of law resources are relatively scarce, cases where the system is notconfigured, Pollution of the previous habits means of civil law, administrative law, economicinstruments or other non-legal instruments, Still is a system-wide governance system.Meanwhile,it is also a governance effect of less-than-ideal system.Strong and comprehensivecriminal law means is inevitable choice of enhanced pollution control validity, The inevitablechoice of validity is to enhance the environmental pollution control. the control of environmentalpollution in our country is always attaching great importance to the use of criminal law, Especially"criminal law amendment eight" in2011, pollution to the environment crime has made the reformhas very important significance. But we think, althouth "criminal law amendment eight"hasreduced the threshold of pollution to the environment crime,make the results into behavior,makethe dangerous substances into a harmful substances. On the countermeasures for environmentalpollution control of the criminal law, many problems still exist.This article do the research mainlyfrom criminal solutions on environment pollution, and introduce the writing background from fiveaspects with research background, purpose and importance, research trends in domestic andforeign, thoughts and methods and innovation.Then through analysis, I collect about serveral typesof existing environment pollution in China, and also organize some legal measures to handling it, and finally make the conclusion that the current legal solutions are not enough to stop theenvironment pollution.Then I come up with the necessity and possibility to strengthen the powerof criminal solutions for the environment pollution, and make accordingly suggestions to improveit in consideration to its shortcomings.
Keywords/Search Tags:The environmental pollution, Civil strategy, administrative strategy, Criminalpolicy
PDF Full Text Request
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