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Research On The Connection Of Penalty Execution In Forest-related Cases

Posted on:2022-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhengFull Text:PDF
GTID:2506306737976299Subject:Legal theory
Abstract/Summary:PDF Full Text Request
According to relevant statistics,the protection of forest resources in our country is not optimistic.In recent years,cases involving the destruction of forest land and loss of forest resources have occurred frequently,which has brought greater pressure to forest resources protection.In order to better protect our country’s forest resources,it is very necessary to build an effective two-way cohesion mechanism for forest-related cases.As far as theoretical research is concerned,the theoretical research on execution connection caused a greater controversy.On the one hand,it has caused certain obstacles to the construction of the execution cohesion mechanism,and on the other hand,it has restricted the research on the theory of execution cohesion in forest-related cases.At the legislative level,our country’s forestryrelated criminal cases have experienced three stages: budding exploration,formation and development,and reflection and improvement.However,there are not many specific regulations for forestry-related cases in terms of entities and procedures.There are still a lot of problems in forest-related cases,such as unclear principles of application of law,lack of conviction standards,unsystematic connection procedures,unclear rights and responsibilities of participants,improper connection of execution responsibilities,and imbalance in the number of two-way transfers of executions in forest-related cases.In the context of unclear theory and legislation,in judicial practice,in order to avoid the problem of overlapping responsibilities,it has gradually shifted from resorting to administrative sanctions to initiating criminal incidental civil public interest litigation to solve the problem of accountability.Managing forest resources in accordance with the law is an effective means of protecting forest resources.In order to construct a practical and operable execution link mechanism,it is necessary to clarify the principles of law application from the legislative level,and unify the criminal standards and the division of circumstances in forest-related cases.In terms of procedures,by clarifying the respective responsibilities of the judicial organs and forestry authorities,establishing an information sharing platform and a joint meeting system,and improving the two-way connection procedural norms for the execution of forest-related cases.By innovating the connection method of execution responsibility in forest-related cases,supplemented by a comprehensive supervision mechanism,the two-way connection of execution of forest-related cases can be carried out smoothly.
Keywords/Search Tags:Connection of executions, Forest-related Cases, Administrative Violations, Criminal Justice
PDF Full Text Request
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