2008•Hebei faxueRequires access

A Study about the Penal Stipulation of Environmental Tort

Liu Run-fa

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Abstract

With the seriousness of environmental tort problem,many countries including China are forced to execute the practice of criminzation and penalty.The chapter of the Criminal Law provides for the protection of destroying the environmental resources.Constrained by the thinking of the traditional criminal legislation,the function of the environmental law has been seriously restricted.Therefore,the improvement of legislation on the environmental criminal law should take the environment tort as logical beginning.The socialization of civil law should be the internal foundation of environmental tort criminal remedy.The environmental criminal law should pay attention to the idea of both humanism and the ecology principle,then we should moderately build some new penal and the criminal charges,but shouldn't blindly stipulate potential damage offense and strict liability.

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What this paper is about

With the seriousness of environmental tort problem,many countries including China are forced to execute the practice of criminzation and penalty.The chapter of the Criminal Law provides for the protection of destroying the environmental resources.Constrained by the thinking of the traditional criminal legislation,the function of the environmental law has been seriously restricted.Therefore,the improvement of legislation on the environmental criminal law should take the environment tort as logical beginning.The socialization of civil law should be the internal foundation of environmental tort criminal remedy.The environmental criminal law should pay attention to the idea of both humanism and the ecology principle,then we should moderately build some new penal and the criminal charges,but shouldn't blindly stipulate potential damage offense and strict liability.

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Available abstract

With the seriousness of environmental tort problem,many countries including China are forced to execute the practice of criminzation and penalty.The chapter of the Criminal Law provides for the protection of destroying the environmental resources.Constrained by the thinking of the traditional criminal legislation,the function of the environmental law has been seriously restricted.Therefore,the improvement of legislation on the environmental criminal law should take the environment tort as logical beginning.The socialization of civil law should be the internal foundation of environmental tort criminal remedy.The environmental criminal law should pay attention to the idea of both humanism and the ecology principle,then we should moderately build some new penal and the criminal charges,but shouldn't blindly stipulate potential damage offense and strict liability.

Key concepts: Stipulation, Tort, Law, Criminal law, Legislation, Seriousness, Punishment (psychology), Strict liability

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