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Criminal Law Regulation Of Environmental Crimes In The Context Of Risk Society

Posted on:2022-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2516306611495264Subject:Law
Abstract/Summary:PDF Full Text Request
At present,environmental risk is the most typical risk in risk society.Today’s world is in the midst of a global ecological crisis,how to balance the balance between social development and environmental protection,and take effective measures to punish and prevent environmental crimes,and achieve sustainable development of human society,we must overcome primary problem.The use of criminal law to prevent environmental risks and regulate environmental crimes is an inevitable requirement of the current ecological environment and social development.Punishing environmental crimes is an extremely complex task.Undoubtedly,the development of the concept of human ecocentric crime governance that combines anthropocentrism and ecocentrism plays a pivotal and leading role,which is conducive to balancing social development and environmental protection.Balance,so as to present a beautiful picture of the sustainable development of human society and even the entire ecological environment of the earth as soon as possible.It is necessary to realize the transformation from traditional humanism to human ecocentrism as soon as possible legally.It is necessary for the criminal law to exert its unique value in protecting the legal interests of the ecological environment through the regulation of environmental crimes,on the basis of not violating the principle of humility in criminal law and the principle of consistency between subjective and objective,and strive to achieve both legal and ecological progress.Under the guidance of the human ecocentric view of legal interests,in order to solve the current dilemma of environmental crime criminal law regulation,on the one hand,the independent status of ecological environmental legal interests should be affirmed in legislation,and the crimes of destroying the ecological environment should be classified into separate chapters,and the crime system should be improved.,and improve the legal punishment of environmental crimes from three aspects: raising the free punishment,refining the fine punishment,and increasing the qualification punishment.On the other hand,we should increase the judicial crackdown on environmental crimes,expand the scope of the crackdown,and solve the current predicament of environmental crime causation by introducing relatively strict liability.
Keywords/Search Tags:Risk society, Environmental crime, Anthropocentrism
PDF Full Text Request
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