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On the Principle of Causation Presumption Within Public Hazards

Author: YanYi
Tutor: JinZeGang
School: Shanghai Jiaotong University
Course: Legal
Keywords: Pollution crime Causality The principle of presumption of causality
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract


Increasingly prominent public nuisance crime is a huge threat to the lives of our people , and severely shaken the foundation for sustainable development of the Chinese society . Reasons for behavior anomalies complex pollution crime , harm results show delay extremely serious consequences , knowledge of the harm side row of his monopoly and other significant characteristics , if stick to the traditional Causation of the Criminal theory in this case , not only the criminal proceedings will be plunged into unnecessary scientific controversy and often because the prosecution can not prove the existence of the fact of causation are not leaving a lot of pollution crime should sanctions , so that the rights of victims to obtain timely relief , undermine the fairness and justice of the rule of law concept . Therefore, the introduction of the principle of presumption should be in the public nuisance crime causality identified . This paper is divided into four chapters and made ??an in-depth analysis on the the causation presumption principle of pollution crime . Chapter pollution crime made ??a basic overview of the definition of a public nuisance crime defined and based on analysis of the characteristics of a public nuisance crime . The second chapter examines the traditional theory of causality , and the difficulties encountered in the traditional theory identified pollution crime causality through specific case studies , and thus the introduction of the principle of causation presumption pollution crime causality identified . The third chapter analyzes pollution crime causation presumption principle and its main theories and causality presumption of reasonable use of the principle of pollution crime . The fourth chapter is a key part of this article and innovation where specific and restrictive provisions of the causal relationship between the principle of presumption of pollution offenses applicable , and finally put forward the principle of pollution crime causation presumption into a cultural pattern .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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