2007Unpublished venueRequires access

On Environmental Criminal Legislation

XU Feng-guo

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Abstract

It is urgent to strengthen the function of criminal law in environment protection for the increasingly flinty position of environment protection.Thus,we can't slide over the environmental criminal legislation.The environmental criminal legislation needs new concept and we should put the zoology value into protection range of the criminal law.Then on the base of using experience of other countries for reference,the environmental criminal legislation should includes: convicting the illegal action punished twice by the authorities,adding some new accusals,enlarging the range of environmental elements as well as the applicable range of property punishment.On the other hand,procedure law may ordain jury made up of experts and the authorities should be endowed with part investigation power.At last,it is necessary to pay attention to the precautionary function of environmental criminal law and keep to the precautionary principle in nvironmental criminal legislation.

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What this paper is about

It is urgent to strengthen the function of criminal law in environment protection for the increasingly flinty position of environment protection.Thus,we can't slide over the environmental criminal legislation.The environmental criminal legislation needs new concept and we should put the zoology value into protection range of the criminal law.Then on the base of using experience of other countries for reference,the environmental criminal legislation should includes: convicting the illegal action punished twice by the authorities,adding some new accusals,enlarging the range of environmental elements as well as the applicable range of property punishment.On the other hand,procedure law may ordain jury made up of experts and the authorities should be endowed with part investigation power.At last,it is necessary to pay attention to the precautionary function of environmental criminal law and keep to the precautionary principle in nvironmental criminal legislation.

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Available abstract

It is urgent to strengthen the function of criminal law in environment protection for the increasingly flinty position of environment protection.Thus,we can't slide over the environmental criminal legislation.The environmental criminal legislation needs new concept and we should put the zoology value into protection range of the criminal law.Then on the base of using experience of other countries for reference,the environmental criminal legislation should includes: convicting the illegal action punished twice by the authorities,adding some new accusals,enlarging the range of environmental elements as well as the applicable range of property punishment.On the other hand,procedure law may ordain jury made up of experts and the authorities should be endowed with part investigation power.At last,it is necessary to pay attention to the precautionary function of environmental criminal law and keep to the precautionary principle in nvironmental criminal legislation.

Key concepts: Legislation, Criminal law, Law, Punishment (psychology), Political science, Business, Environmental law, Criminal procedure

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