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Study on the crime of serious environmental pollution accident

Author: TaoLiang
Tutor: RuanQiLin
School: China University of Political Science
Course: Criminal Law
Keywords: Ecological legal interest Human legal interests Environmental causality Subjective aspects
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 147
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Abstract

With the development of industrial society , more and more serious environmental problems . In China, environmental pollution accident is mainly handled by means of civil and administrative law , but the implementation of the results are unsatisfactory , the paper argues that should play the role of the criminal law on environmental pollution control and change the status quo of China's criminal law in terms of the environmental crime set unreasonable so that the environmental pollution can be more effectively controlled . Through comparison of major environmental pollution accident crime provisions and the provisions of the relevant environmental crime in Germany and Japan , to analyze the pros and cons of the two countries theory , combined with the actual situation of China 's environmental pollution , China's major environmental pollution accident crime legislation to improve recommendations . Major environmental pollution accident sin as important charges of environmental criminal law , should play an important role in the prevention and treatment of environmental pollution . But this sin in the judicial practice there are many problems , cause it did not play its due role . These problems are mainly concentrated in the following three aspects : 1, the lack of understanding of the environmental law benefits ; 2 , the causal relationship is difficult to deal ; 3 , subjective aspects restrictions . Major environmental pollution accident sin of legal interest issues through the analysis for ecological legal interest and human law benefits the concepts , origins , characteristics of the combination of economic development and environmental pollution status of the analysis , the author think should be in the major environmental pollution accident sin the law benefits abandon the purely human issue, legal interests , absorbing about the concept of the ecological legal interest , but at the same law on the ecological benefits have reservations , do not agree to accept all ecological legal interest . On the issue of causation of the crime of serious environmental pollution accident , based on environmental crimes causality great difficulty , the paper argues that the one hand, the introduction of the Dangerous Criminals and acts committed in the sins of the major environmental pollution accident , reduce the causal relationship to the crime of serious environmental pollution accident sphere of influence , at the same time take on the causal relationship between the presumed causal relationship . In the subjective aspect of the crime of serious environmental pollution accident , the paper argues that the crime of serious environmental pollution accident , negligence crime change two provisions , set up an intentional crime and a crime of negligence , the introduction of the Dangerous Criminals in intentional crime . The issue of proof of fault , to take the principle of presumed fault .

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