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Study on the Chinese Punishment of Environmental Crime

Author: ZhuWeiDong
Tutor: ZhaoChi
School: Zhejiang Forestry University
Course: Environment and Resources Protection Law
Keywords: Environmental Crime Types of penalties Penalty principle Penalty value
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 109
Quote: 0
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Abstract


Environmental crime as a new type of crime and traditional crime there are many different , such as the hazards of long duration , spread to a wide range of beneficial combining of the economy and to a certain extent , the harm caused by the results difficult to reverse or even irreversible and so on , based on these characteristics determine the criminal penalties for environmental crime are also required to take a different from the traditional crime of criminal penalties . Therefore , research and improve the environmental crime and punishment , is not only a criminal penalty theory problem , but also an ecological civilization problem . What values ??to improve environmental crime penalties , reflecting the level of awareness of the human environmental crime . Thesis through the analysis of the concept of environmental crime , the characteristics and basic theory , combined with a historical overview of the the foreign environmental crime penalties and environmental crime penalties in the status quo , the characteristics of the comparative analysis , pointed out that the presence of Chinese modern environmental crime penalties problems. Such as the over- emphasis on human interests , ignoring ecological interests ; penalty set too playful, can not effectively curb environmental crime ; types of penalties are too old and not well adapted to the characteristics of environmental crime ; the Environmental Criminal many are blank counts penalty operability is not strong ; excessive use of measures of freedom penalty , criminal fine , penalty , ignoring the use of non - punitive measures . The article pointed out that the problems of environmental crime penalties , the reconstruction of a new environmental values ??, and under the guidance of the new values ??to improve China 's environmental crime penalties , the article suggests the introduction of Perilous penalties for environmental crimes , set of punishment species , penalty supplementary measures three aspects to improve China's environmental crime penalties .

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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