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Study on the Environment Crimes of Environment Ethic

Author: YangLiJing
Tutor: LiZhenJiang
School: Henan University
Course: Criminal Law
Keywords: environment crimes eclecticism environment ethic crime constitution
CLC: D914
Type: Master's thesis
Year: 2007
Downloads: 198
Quote: 2
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With the escalating crisis of mankind’s living enviroment, environment issues attract more and more people’s attention and they begin to seek for the methods and ways to solve this problem. As an important way to control social relations, undoubtedly, legal metod, which is one of so many legal means to prescribe enviromental crime in criminal law, will be favored. Enviroment crime plays an inportant role in the fine points of our criminal law, especially from the switching period of our economic development, it draws wide attention of legislation, practical and thoretical sides. Traditional study of criminal law on enviroment crime is based on the value of anthropocentrism, so, the criteria for judging environment crime is still whether the behavior of destroying environment caused some losses of human life, body, property and interest, while the value of environment itself is neglected. In fact, this narrow environment concept should be removed in order to solve the problem radically. Moreover, the new cultural concept that ensure the harmonious relation between people and nature should be introduced, and the consumption petterns, living styles and social political systems guided by the concept, which undoubtedly give attention to the value of both anthropocentrism and unanthropocentrism, that is the environment ethic of eclecticism.In the course of introducing the environment ethic of eclecticism, this thesis studies several main propositions of enviroment crime, and rescans what has changed in environment crime and its cognizance under the guidance of this environment ethic, and these changes themselves constitute the main body of the thesis. The thesis will be divided into three parts, and each part can be redivided into several detailed sections, just as follows:Part One is about the outline of environment and its crime. This part can be divided into three sections: First, the concept of environment. The definition of environment by traditional law and environment science are both built on the cognitive basis of anthropocentrism, and take environment as human environment, in addition, traditional cognition on environment makes people look down on the other environment elements besides human environment, and to some extent, becomes the cognitive source of current environment crisis. Environment should be understood as entironment under new ecological ethic. Then, the necessity of criminal safeguard against environment. The connection of environment problem and legal means makes criminal law become the last line of defence for protecting entironment inescapably. Finally, the summarization of environment crime. Mainly introduces the accusal title, concept and its connotation, as well as classification of environment crime, and so on.Part Two shows the relation between environmen crime and ethic. The introduction of environment ethic into legal domain makes people give their attention to environment color when considering the relation between law and morality. Particularly in environment criminal domain, the criminal legislation and judicature of environment crime should take heman tradition as well as environment ethic into consideration. The environment ethic itself is evoluted through anthropocentrism, unanthropocentrism and the later eclecticism (the development ethic), in which eclecticism and Chinese ancient combination of heaven and man have a lot in common, and it is worthy of adoration from science and social acceptance. After the introduction of eclecticism environment ethic, environment crime has changed: firstly, the natural crime of legal prisoner conceptually, second, the ecology of environment crime (even enviroment criminal law), and third, the expansion and grueling of environment crime, finally, the change of the constitution of environment crime.Part Three reveals the composing elements of enviroment crime under eclecticism environment ethic. This part introduces the basic contents of composing elements of environment crime, besides, mainly introduces what changes will come about on the composing elements in environment crime. In brief, what changes has been taken place in the object, subject, objective and subjective aspects of environment crime under eclecticism environment ethic.

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