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The Comparison of Environmental Crime Between China and Japan

Author: LiHuiFang
Tutor: YuFuMin
School: Ocean University of China
Course: Environment and Resources Protection Law
Keywords: Environmental criminal legislation Environmental Crime Dangerous Criminal Causality Legislative model
CLC: D931.3
Type: Master's thesis
Year: 2010
Downloads: 195
Quote: 0
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Abstract

By comparison of environmental crime legislation in China and Japan, found that many problems exist in China's environmental criminal legislation, to provide advice and recommendations for China's environmental crime legislation is perfect. 20th century, human beings in order to meet the needs of the development of economic, plundered natural resources, destruction of the natural environment, so that the excessive loss of resources, the ecological environment has been seriously polluted, has seriously affected the survival and development of the future of mankind. The face of the worsening of the global environment, the environmental crisis worsening, people started to pay attention to the most stringent measures and respond to the environmental crisis as a human environmental governance last resort - environmental criminal law, national legislators are actively establishing development aimed at coordination of economic development and environmental protection of the legal system. China's current environmental criminal law system experienced from the provisions of the 1979 Law on environmental protection offenses content articles, 2002 adoption of the Criminal Law Amendment (d) \But there are still many problems, making our environmental criminal legislation can not adapt to the environment, crime particularity requirements can not solve today's environmental situation is deteriorating, and the growing problem of environmental crime cases. Need to be strengthened and improved. Japan start criminal legislation on environmental issues began in the sixties and seventies of the 20th century. Japan in World War II in order to restore the damage of the war on the country, and vigorously developing the economy, with the rapid economic development is accompanied by the deterioration of the environment and pollution events occur frequently, and thus environmental criminal legislation earlier concern in Japan, and its The basic concept of environmental criminal law has an important reference significance innovation of environmental criminal law theory and legislation. Through the concept of crime from the environment of the two countries, the mode of criminal legislation of environmental crime, environmental crime penalties, four aspects of the environmental crimes constitute the crime (established conditions) for a more detailed description and comparison on the basis of comparative analysis, made a number of environmental criminal law system feasible recommendations. Concept of environmental crime problem of environmental crime should have three characteristics: an illegality; Second, the social harm; III should be fine, and that the concept of environmental crime should be rebuilt to reflect the environmental criminal legislation to protect the environment The purpose of the legal interests. Environmental legislation model, it is proposed that the country should take both the environmental legislation model penal code and a subsidiary of the Criminal Code. On the problem of environmental crime penalties, raising the need to re-build our environmental criminal law punishment system, the total requirements of the new system of environmental criminal law penalties punitive measures and non-punitive measures simultaneously. Emphasis on the use of non-punitive measures. The specific requirements is a heavy criminal fine, light-free sentence. Second, the creation of new qualifications punishment. Third, public repentance, ordered to remedy the non-punitive measures up to the scope of the criminal law implementation. On the constituent elements of environmental crime (established conditions), the object of modern environmental protection of the criminal law should focus on the interests of the protection of the environment, including environmental and ecological safety, environmental rights and interests of natural persons, the unit of environmental interests, national environmental resource ownership and national environmental management authority ; Imputation Principles of environmental crime should carry out improvements and fixes can apply the principle of presumption of responsibility, strict liability should not apply the principle of environmental crime Liability; environmental pollution crime, should be applicable to the new theory of causality, and punishing dangerous guilty.

The Comparison of Environmental Crime Between China and Japan

Abstract

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