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Research on RCO Doctrine of American Environmental Criminal Law

Author: HeMaoQiao
Tutor: XuPing
School: Beijing Forestry University
Course: Legal Theory
Keywords: RCO principle Subjective malicious Persons directly responsible Associated responsibilities relations Environmental Crime
CLC: DD912.6;DD914
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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In the United States , RCO principle is the direct responsibility of the main for determining environmental crime after a basic principle ; recent years , the application of the principle has been gradually extended to other field of law . RCO principles applicable to the original intention is to protect the public health , to safeguard the public interest and enhance public welfare , early cases regarded the principle as a strict responsibility to treat , which eliminates the burden of proof on the prosecution to prove that the defendant subjectively malicious ; However, with crime subjective malicious prove the changes required by the principle of gradually freed from the strict liability of the box , and the applicable conditions are constantly updated . The article first start from the concept of the RCO principles elaborated the principle of origin and the United States two famous case in the history of environmental criminal law , Dart of Abramovich and Parker case : followed by detailed discussion of the the RCO principles of the three core elements , namely the main currently malicious , the main responsibility and associated responsibilities relations ; then combined with specific cases , further illustrate the practical application of the of RCO principles of environmental criminal law in the United States , and this made ??a simple evaluation ; final article also talked to the RCO principles some of our inspiration .

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