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The Research of Enviromental Non-penalties

Author: MaYueYing
Tutor: LeiZuo
School: Central South University of Forestry Science and Technology
Course: Environment and Resources Protection Law
Keywords: Problems of Environment Environmental Crime Non-penalty Measures
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 32
Quote: 0
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Abstract


As the environment grows worse, which is concerned more and more by people. They start looking for a solution to this problem. Environmental penalty,which is a main criminal behavior in environmental crime. However, only depending on the penalty is clearly not a good way to solve the environmental crime. Therefore, when punishing the perpetrator of environmental crime could consider the environmental non-criminal penalties. It is good role for environmental restoration and protection. Environmental non-criminal penalties, also known as the supplementary punishments of environmental crime, which is used to punish the perpetrator of environmental crime by non-criminal penalty for reducing and restoring the damaged environment. It includes three kinds:educational sanctions, civil penalties and administrative sanctions.In some foreign countries, they actively look for appropriate sanctions. Therefore, this issue is a hot spot. Here in the article, it only explores the theoretical basis of non-criminal sanctions. Any rational, legitimate existence should have reasonable theory as support, otherwise it will be difficult to stand long. So does the non-penalty sanction. The development of non-penalty sanction is a global trend of criminal law, as a way of the penalty performance,which becomes more and more important in various countries. Comparing the domestic and international differences on non-penalty sanction, China obviously lacks types, content. At the same time, there are some problems in the application such as the legislation is not standardized. Therefore, the article believes that China should learn from the advanced legislative and judicial experience from other countries and constantly improves its non-criminal penalty sanction to better play its role.Enviornmental Crime non-penalty sanction function makes up the functional shortage of penalty sanction as a part of criminal law civil law, which reflects the justice with mercy in the criminal policy. Criminal laws over the world have set different degrees in non-penalty sanction due to theire different historical traditions, different legislative models.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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