Font Size: a A A

Research On The Preventive Criminal Law Protection Of Biosafet

Posted on:2024-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:J FangFull Text:PDF
GTID:2556307037991579Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,modern biotechnology has developed rapidly,bringing benefits to mankind while at the same time harbouring huge biosecurity risks.The complex and everchanging biosecurity risks constantly threaten human life and health.Criminal law is the last line of defence to safeguard biosecurity and a powerful weapon to guarantee the safety of human life and stability of life.As a powerful tool in social governance,it is its responsibility to protect the emerging legal interests of biosecurity.In the face of the significant risks of biosecurity,the traditional criminal law structure needs to be adjusted,and the theory of preventive criminal law,which advocates active intervention,is perfectly suited to the current needs of protecting the legal interests of biosecurity.Although biosecurity crimes have always been regulated by criminal law and its amendments,there is still a lack of legislation on proactive preventive protection,and there is still room for regulating existing biosecurity threats,and there are also some problems in the interface between administrative and criminal law.Therefore,this article discusses the topic of "Preventive criminal law protection of biosecurity",from the general theory of biosecurity and preventive criminal law protection,the current status of legislation,the problems and the proposed countermeasures.The first part introduces the general theory of biosecurity and preventive criminal law.Firstly,the concept of biosafety and the basic contents of biosafety legal benefits are outlined,followed by the combing of the concept and characteristics of preventive criminal law,and the general exposition of the regulatory strategy of introducing preventive criminal law protection to biosafety.The second part focuses on the challenges facing biosecurity in China,the current state of criminal legislation on biosecurity and a snapshot of criminal judicial practice,to provide an overall understanding of the current state of preventive criminal law protection of biosecurity in China.The third part is to summarize the problems in the scope of protection,the intensity of intervention and the interface between administrative and criminal law in the preventive criminal law protection of biosecurity in our country,so as to pave the way for the subsequent improvement of countermeasures.In the fourth part,the current problems of preventive criminal law protection of biosecurity are addressed,and attempts are made to solve the problem of preventive criminal law protection of biosecurity by expanding the scope of criminal law protection,improving the intensity of criminal law intervention and the interface between execution and punishment through theories such as criminal law hermeneutics.
Keywords/Search Tags:Biosecurity legal benefits, Preventive criminal law, Biosecurity cime, Amendment(Ⅺ) to the Criminal Law
PDF Full Text Request
Related items